Drainage Issue - Flooding

impega1

Hi folks,

Looking for a bit of advice here for my parents. My parents, both in their 70's have about 40 arces and rear beef cattle on small scale (30 cattle max)

Few months ago a neighbouring farmer asked my parents could he have access to their land in order to clean up his drains in order to stop his land flooding.

My parents gave permission on the understanding that all land owners were in agreement and that all drains would be cleared to allow water to flow freely. Assurances were given and my parents allowed access.

It has now transpired that one landowner refused to give consent and as a result my parents land lies under water since before Christmas. (about 7 acres)

They have approached the farmer who carried out all works and he is of the impression that my parents should approach the farmer who is refusing to give consent. He maintains that it is not his fault (I would disagree with this) and that the other farmer needs to open up his drains

There seems to be issues between the two farmers and my parents are anxious not to get involved. ( My parents know both farmers for over 60 years and do not want to fall out with either).

It now transpires that legal action is due to commence between the two farmers at end of Feb.

So really my question is - what can my parents do to get their land back to a state that they can use it again.

Thanks in advace for any help

mf240

You are legally obliged to take water from the farm next door. In turn the farmer down further is legally obliged to take yours. So its him you have to go after.

impega1

Thanks mf240,

I was told of such an arrangement but I could not find anything in writing to state that it was a legal requirement.

By any chance would you be able to direct me somewhere where I could get it in writing

Cheers

mf240

No sorry it's just something I always heard. Were blessed with the neighbours we have so never had to find out.

impega1

I was told similar myself, so I am just wondering if it more of a neighbourly gesture than a legal requirement.

I have contacted both the Local Authority and Dept Agriculture and am awaiting a reply.

http://www.flooding.ie/en/Farming/RightsResponsibilitiesofriparianlandowners/
The OPW suggests it is a responsibility.

Conmaicne Mara

I wonder what is the status in relation to open drains?

jack77

Could ye ask upstream farmer would he give the price of clearing the drains to ye and if he says yes ask downstream farmer could ye get the dykes cleared as its ye thats being flooded, not upstream.
Be up front and tell him ye're organising it but getting the € from upstream as the water is coming from his place, they may both want to stay on good terms with ye too,
Any chance upstream thought opening the drains would flood downstream farmer and was pulling a quick 1 on ye?

impega1

I am beginning to think that a fast one was pulled on my parents and I think next farmer down was never consulted.

I am awaiting reply back from CoCo and will keep updated

Figerty

Heard of court cases in the 70's/80's where farmer blocked water and even reversed the flow of water. He lost.