Drainage and Municipal Drains
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Drainage
Drainage of water is one of the most common areas of dispute between neighbours. Drainage issues generally fall into the realm of Common Law which forms the basis of the legal system. It always applies unless it is specifically altered by a statute passed by the Provincial or Federal Governments. Common Law disputes are arguments between landowners, and if they cannot be mutually resolved, final solutions have to be determined through the courts.
Most of these questions can be addressed by application of the general rules of water drainage and flow control and diversion that have been applied in common law for hundreds of years. The following sentence summarizes these rules and conditions:
A landowner may reroute water in any fashion he desires within the boundary of his property, provided that he continues to allow water that has been entering the property to continue to enter in the same location and quantity, and also provided that he continues to allow the water to exit in the same location and in approximately the same quantity as prior to the modifications.
If a landowner violates these rules, he is considered to be creating a nuisance and may be subject to civil action by an affected landowner.
Frequently Asked Questions
| Why isn't the Town responsible for draining my property? |
| Water drainage is considered to be a characteristic of a parcel of land when it is purchased, and is a factor in land value or lack of value. The Town is prohibited from spending public resources on private property unless it is for a clearly definable public benefit. Installing, repairing, or improving drains in a private yard would result in an increase in the private property value at the general taxpayer's expense. This remains the case even if the water is flowing from a drain pipe under a roadway, although the Township may work on those portions of the drain that are located within the right-of-way owned by the Town. |
| Why doesn't the Town make their road ditches deep enough to outlet my tile drains or drain surface water from my land? |
| The Town is not required to dig their ditches deep enough to provide outlet for tile drains. Road ditches are just another form of private ditch, and the road authorities are only obligated to dig their ditches deep enough to handle the surface water off their own roads. They are not required to take surface water from surrounding land. There is no right of drainage of surface water even if it is in a road ditch, unless the ditch is part of a Municipal Drain and access for tile drains is permitted. That is, an owner of lower land can block the passage of ditches that are not natural watercourses or part of a Municipal Drain. |
Municipal Drains
A municipal drain is simply a drainage system. Most municipal drainage systems have been constructed to improve the drainage of agricultural land. However, they also remove excess water collected by other properties in rural areas. Municipal drains are created under the authority of the Drainage Act.
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