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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6822
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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My question is ,if i dig a drainage ( purpose.s)

Customer Question

Hi ,my question is ,if i dig a drainage ( for test purpose.s) trench across my private property would i be within my rights and or would i be breaking a law as i have left it "open"
Submitted: 1 year ago.
Category: Law
Expert:  Michael Holly replied 1 year ago.
Digging a drainage trench on your own land would not in itself be a problem
However you would have a duty to visitors , postmen etc. to ensure that they are not harmed by it.
As such you should not place it where someone might fall down it and if it is close to an access route to or from your property you should make sure the hazard is well marked, fenced or taped off and lit at night if required.
I hope this helps should there be any further points please reply and I will happily respond. The relevant law on this is the Occupiers Liability Act and the common law duty relating to negligence.
Best wishes
Michael