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Use of drains for treated effluent

Land, Registered Land, Planning law etc.

Use of drains for treated effluent

Postby gid » Fri Jun 16, 2017 9:21 am

A ditch runs into a culvert under a boundary wall and then runs entirely underground to a watercourse. There is no mention of this particular drain in the deeds, so it may be a prescriptive easement. Who is responsible for leaks and blockages?

Could this be used to dispose of effluent from a sewage treatment plant? The effluent would be clean enough to dispose in the watercourse to the satisfaction of SEPA, but can the downstream landowner object? Apparently in Scottish law a drain automatically becomes a sewer when passing a boundary. Who would be responsible for leaks and blockages?

As it is an artificial channel it would not come under riparian rights and responsibilities.
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Re: Use of drains for treated effluent

Postby tph » Mon Jun 26, 2017 10:55 pm

Does that ditch start at the property or does it take flows from other properties?

If the drainage arrangement has been in place for more than 20 years there is likely to be an easement by prescription. The responsibility for maintenance is likely to depend on whether any of the downstream properties are connected to the culvert.

The consent to discharge is a separate matter and not usually a process where members of the public can object. However you normally have to prove that the premises cannot be reasonably connected to a public sewer as part of the application.

However it sounds from your post that the matter relates to Scottish Law so things might be different there.
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