You are here:

Roadside ditches

The riparian owner of any ditches alongside roads is normally the adjoining landowner, as the highway boundary invariably lies along the top of the bank closest to the road.  Thus, although the road may drain into the ditch, the landowner is responsible for maintaining it.

However, if the County Council, the highway authority, have piped the ditch under their highway powers, they become responsible for its maintenance.  Likewise, any pipe beneath the highway is the responsibility of the County Council.  When the condition of a ditch is causing flooding on a highway it will be the County Council that takes action under the Land Drainage Act.