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Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3652
Experience:  Two years conveyancing experience.
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Is a farmer deemed responsible when after being informed of

Resolved Question:

Is a farmer deemed responsible when after being informed of a problem he is causing to another persons land or property he ignores the problem and subsequently damage is occasioned to both neighboring land and property
Submitted: 3 years ago.
Category: Property Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

What is the nature of the problem.

Does it involve something escaping from the farmers land?

Kind regards

AJ
Customer: replied 3 years ago.
We live in a semi rural situation in a bungalow close to a river Approxomately 80 meters west of us and approxomately 20 meters higher than us is a farmers field about 30 or so acres in size The land is predominantly of a sandy texture and is used for growing crops When normal amounts of rain are experienced the culverts we have put in place cope with the rainfall experienced however sandy silt is deposited on the tarmaced access road between the field and my property After the deluge experienced in October 2013 my garage got flooded and I was left with sandy silt deposit of about 4 inches deep. We cleaned out the garage and threw away items damaged that we're on the floor at the time at great expense. I then met the farmer on site and requested that a ditch be dug around the area of the field affecting us He was reticent to do this siting the fact he leased the land and it would be the owner who would need to give permission. The recent downpour on Friday the 21st Feb has again left us with a gargantuan mess to clean up. What can I do legally to try to stop the problem from happening again
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

The law protecting you is known as the rule in Rylands v Fletcher. Where something escapes (including water) from some elses land and causes damage to some elses property, the landowner is liable for that damage.

In theory you could sue the farmer for the damage caused to your land, but you cannot force him to take preventative action. Common sense would say that if it keeps damaging your property then he would eventually take the action to stop future payments of damages.

Have you otherwise reported the issue to your local council?

Kind regards

AJ
Customer: replied 3 years ago.
What measures could the council take if I reported the matter to them. Could you confirm or deny that a farmer is supposed by law not to grow on the extreme perimeter of his land but to use that area for protection to neighbouring properties
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

The growing on his land is separate matter this would fall under private nuisance. If it is interfering with "your reasonable and quiet enjoyment" of your land then it could be deemend a private nuisance and you could get an injunction against him to prevent him from growing on the extreme perimeter.

I only suggest referring it to the council because it could be they deemed it a health safety issue and might force him to take action.

Kind regards

AJ
Customer: replied 3 years ago.
Would you therefore suggest a friendly but firm letter to the landowner or leasers of the land quoting your reference of Rylands v fletcher requesting work to be required to stop our problem and await their reply
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

I think if you have already asked them to take action and they have ignored you then the next letter should come from a solicitor to give it gravitas.

I would also recommend that if you can you get a surveyor to at least provide you with information as to what will definitively fix the problem. Say he agrees with your request and digs a ditch and that doesnt solve the problem, you will back in the same position.

Kind regards

AJ
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