The upkeep of rivers, streams, and ditches typically falls under the jurisdiction of the “Riparian Landowners,” who possess land along either side of these water bodies. As a landowner in this position, you will have specific rights and obligations concerning the ditches or other watercourses that traverse or border your property. The Environment Agency has created a resource titled ‘Living on the Edge’ to outline the rights and responsibilities associated with riverside ownership.

There are certain general guidelines that can help determine responsibility for the upkeep of ditches or watercourses. As a landowner, it is your legal obligation to maintain your ditches and drains in order to minimize the risk of flooding to adjacent properties. Neglecting this duty could lead to legal liability for any damages caused by subsequent flooding.

Watercourses and Ditches

The standard arrangement regarding the responsibility for the upkeep of watercourses and ditches is depicted in the illustrations below. A watercourse is a natural element that facilitates the drainage of the surrounding catchment area and typically contains a flow of water.

A ditch is an artificial structure designed to facilitate the drainage of land. Traditionally, these ditches were excavated by landowners along the periphery of their fields, with the excavated material placed on their property, allowing for the natural growth of hedges over time. Consequently, the common law principle known as the ‘hedge and ditch’ rule stipulates that the landowner tasked with the upkeep of the ditch is typically the one whose land is adjacent to the hedge bordering the ditch.

Highway Ditches

The traditional common law principle known as the ‘hedge and ditch’ rule is especially pertinent to ditches that are situated alongside highways, as these are typically maintained by the landowner whose property is adjacent to them.

Ditches may not consistently appear on Ordnance Survey maps; nonetheless, this omission does not influence the legal presumption outlined below.

The legal principle states that the boundary of a highway is defined by the edge of a ditch, regardless of whether the ditch has been piped or filled in due to natural erosion or other factors.

This principle can be challenged, and there are specific exceptions in which a ditch may be considered part of the public highway.

  • The Highway Authority acquired the land for a project, resulting in the construction of the highway, with the ditch located within the boundaries of the purchased land.
  • The Highway Authority excavated the ditch to facilitate drainage for the highway.
  • If the Highway Authority has installed piping in the ditch and compensation has been provided to the neighboring landowner.

Disclaimer

Big Heart Ditch Care hopes that this content is useful. However, it is not intended to be a definitive statement of the law on all instances and you should seek your own legal advice.