Hi - I received an email this morning saying that you couldn't find a Solicitor to answer this question and offering 25% off the next question.
So does that mean that you're no longer searching for someone to answer this? If so, how do I cancel the question and get a refund?
The ditch runs along the boundary to our property and so I understand that we have 'riparian ownership' and responsibility for the maintenance of the watercourse, and we have confirmed this with both the Environment Agency and our Local Authority.
The water flows through the pipe under our driveway and our neighbours (who are downstream of us). The point is that we can increase the size of the pipe under our section, but unless our neighbour agrees to the same then this will not help the flow as there will be a bottleneck at the point that the water reaches the junction with our neighbours existing pipe. Based on this I would think we could argue that it is the inadequacy of the pipe under our neighbours land that is causing the issue.
We have invested a lot of time/money in investigating other possible solutions and have had various drainage specialists provide guidance but unfortunately this is the bottleneck in the system. Without increasing the capacity at this point we are not able to resolve our issue.