House drive damaged by road water

The 100 metre long drive to our house runs down hill from the road (which is also on a hill). During and after heavy rain, the road is inundated with muddy water (run-off from the surrounding fields). Much of this muddy water ends up flowing down our gravel drive which quickly floods and the mud congeals encouraging the rapid growth of weeds.

Do we have the right to complain to the council or Highways Agency for the lack of drainage which causes the problem?

Under Section 94(1) of the

Under Section 94(1) of the Water Industry Act 1991, it is the duty of every sewerage undertaker to ensure that an area is, and continues to be, effectually drained. 

If you can show that the relevant undertaker is in breach of this duty then you have a claim. 

Profile: I joined Sarginsons from university as an articled clerk in 1970. I am now the managing partner and have wide experience in all aspects of the law normally dealt with in private practice. I believe that a modern high street practice must adapt to the hefty demands of clients and deliver it's services according to the clients wishes.

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