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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11137
Experience:  30 years as a practising solicitor.
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A field drain runs through my front garden.In times of heavy

Resolved Question:

A field drain runs through my front garden.In times of heavy rain the water comes up and flows onto the public footpath. I have excavated and exposed the field drain and pushed a drain rod to almost the middle of the street basically proving that the blockage is in the road. Both Scottish water and the roads dept say it is not their responsibility. They say responsibility lies with the home owner. My concern is that in winter the public footpath freezes up,someone slips and instigates a claim. Who would be liable as the blockage is under the public road. Your views please.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
You are responsible for your drainage up to the boundary of your property. The boundary in terms of your title deeds could be to the middle of the road but if the roads, footpaths and sewers have been adopted by the local authority, Scottish Water are responsible for a blockage under the road.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Thanks for your swift reply. Scottish water say it,s not their problem. I don't want to be sued by someone slipping on the pavement. Who would be liable if someone slipped.? It is an old drain.

Thanks

Expert:  JGM replied 2 years ago.
On what basis do they say that if the drain works and it's their pipe that's blocked?
Customer: replied 2 years ago.

It,s an old field drain and I'm not sure who would have ownership of it. I do understand that if the blockage was in my property the problem would be mine. It,s blocked in their road. Could you please advise who you think would be liable if a claim were to arise

Expert:  JGM replied 2 years ago.
The person liable to fix th blockage would be responsible. If that's not on your land then I don't see that you could be responsible.
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