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6th June 2019

Farmers Weekly Business Clinic: Changes made to shared ditch without landowner’s permission

Could enlargement of ditch without consent lead to trespass claim?

The new owners of a clay brick pit have partially filled in a shared ditch without seeking permission from the farmer on whose land the pit is situated.

In response, the farmer has contacted the relevant authorities to establish whether preservation of the ditch was a condition of the planning permission. The owners of the clay brick pit have also erected a fence which the farmer claims will cause a nuisance when it comes to maintaining the ditch, while the changes have affected the structure of the drainage board which have resulted in a number of the farmer’s trees being water damaged.

Chartered legal executive Richie Rees discusses trespassing, planning permission breaches, private nuisance claims and financial compensation as possible courses of action available to the farmer in this month’s Business Clinic.

Click here to read the full article in Farmers Weekly.

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