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LETTER FROM WARTHILL PARISH COUNCIL This letter has been sent to all residents whose properties immediately adjoin the drainage ditches in Warthill Dear Resident Further to the flooding that occurred in the village due to a blocked culvert on Monday 6th January 2025, the Parish Council contacted North Yorkshire Council (“NYC”) to check who is responsible for clearing and maintaining the drainage ditches within the village, even if the ditches do not fall within the title deeds of the adjacent properties. NYC confirmed that all property owners with ditches or culverts adjacent to or in front of their properties are responsible for maintaining the ditches and culverts under the concept of Riparian Ownership, as follows: “Watercourses running in front of or outside a person’s property fall under what is known as Riparian Ownership. Gullies on the carriageway are the responsibility of us at NYC, this also includes culverts that are underneath the carriageway. As a matter of Law, if you own or are responsible for land immediately abutting a drainage gutter or ditch, you are a Riparian Owner and as such, have responsibilities for maintaining the drainage gutter or ditch. This includes maintaining a culvert underneath your vehicle access from the main road to your property if one exists. Very often Riparian responsibilities are not listed in the Title Deeds but the legal responsibility still exists. Your responsibilities include: Accepting water from an upstream neighbour and transferring this along with drainage from your own property downstream.to ensure the flow of water is not impeded and carry out maintenance work as required. You must keep the bed and banks clear of any matter that could cause an obstruction if it washed away. You must keep any structures you own clear of debris such as a culvert.” NYC also provided a sketch which we have appended to this letter which helps to explain responsibilities of adjacent landowners in respect of clearing and maintaining ditches. Please also see an extract from a paper published by a district council in the South which provides further examples of riparian ownership and sets out the rights and responsibilities of property owners under the Land Drainage Act 1991. If you require any further information on riparian ownership, this can be found at The drainage ditches in Warthill provide for essential land drainage and can become overgrown in many places. We are aware that some residents do clear out the channels. Failing to carry out regular maintenance can cause drainage problems for the property owner and neighbouring landowners as well as potential flooding of the highway. Therefore, we please urge you to maintain ditches and culverts adjoining your property and to clear them if they are currently blocked.
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