Flooding is a growing concern in the UK, with climate change and increased urbanisation contributing to more frequent and severe events. Property owners may face legal and financial consequences if their land contributes to flooding on a neighbour’s property. This article explores the legal framework surrounding liability for flood damage, helping landowners understand their responsibilities and the risks involved.
Common Law Duty Not to Increase Risk of Flooding for a Neighbour
Under common law, landowners must not take actions that increase the risk of flooding to neighbouring properties. For instance, diverting natural watercourses or altering drainage systems can create legal liability if these changes contribute to damage on adjoining land. Courts typically examine whether the landowner’s actions were reasonable and whether they took adequate steps to mitigate the risk.
Liability for flood damage often depends on the source and cause of the flooding. In the UK, landowners generally have a duty to manage water on their property and prevent it from causing damage to others. This includes addressing natural watercourses, surface water runoff, and drainage systems to ensure they do not create or exacerbate flooding risks.
The Flood and Water Management Act 2010 places additional responsibilities on local authorities, developers, and landowners to manage flood risks. This includes maintaining sustainable drainage systems and ensuring new developments do not exacerbate flooding. Non-compliance with these requirements can lead to enforcement actions and legal challenges.
Risk of Injunction and Damages Claims
Property owners who fail to manage flooding risks may face injunctions to cease activities contributing to flooding or claims for damages to compensate affected neighbours. Courts may consider the extent of harm caused, the foreseeability of the flooding, and the steps taken to prevent it when awarding damages.
Landowners are generally expected to manage runoff responsibly, ensuring it does not harm neighbouring properties. Landowners must implement measures to control surface water, such as maintaining gutters, installing drainage systems, and preventing water from being diverted onto neighbouring land.
It is also important to understand that even if there is a history of flooding on a property there can still be liability. As established in Partakis-Stevens v Sihan & Ors (2022) when the claimant succeeded in their nuisance claim and “liability was established because the developer had created a nuisance by carrying out works that made the ‘natural’ position materially worse.”
To demonstrate compliance, landowners can keep records of maintenance, inspections, and any steps taken to manage water flow. Evidence such as photographs, expert assessments, and drainage plans can help defend against claims.
Flood defences must be designed carefully to avoid transferring risks to neighbouring properties. For example, a retaining wall might protect one property but inadvertently channel water toward another, leading to legal disputes.
Disputes Over Flooding on a Neighbour’s Property
Preventative measures, such as maintaining drainage systems and collaborating with neighbours on shared responsibilities, can help reduce the risk of disputes. Open communication is key to addressing concerns before they escalate.
If flooding affects a neighbour’s property or your actions are being challenged, seek professional advice early. Document the issue thoroughly, including dates, a record of activity, and any communications with neighbours.
Legal disputes can often be resolved through mediation, negotiation, or arbitration, avoiding the need for costly court proceedings. Where resolution cannot be achieved, court action may be necessary.
Newly Purchased Land with No History of Flooding
When purchasing land, undertake due diligence to assess flood risks. Consult flood maps, review drainage infrastructure, and seek expert advice to identify potential issues.
If a seller fails to disclose flood risks or history, buyers may have grounds for a misrepresentation claim. Legal advice should be sought to evaluate the validity of such claims and the potential remedies available.
Speak to a Specialist Litigation Solicitor
Flood-related disputes can be complex, involving technical assessments and nuanced legal principles. A specialist litigation solicitor can provide tailored advice and represent your interests, whether you are pursuing a claim or defending against one. Contact our experienced Property Litigation team today to learn more or visit our Nuisance Claims page for more information on our services.
To discuss your requirements and explore how DTM Legal can assist you in resolving your matters efficiently and effectively contact Anna Duffy at 0151 230 1219 or by emailing anna.duffy@dtmlegal.com or James Holton at 01244 354824 or by emailing james.holton@dtmlegal.com.
