Did You Know? (2023-09)

Did You Know?

Drainage of water is one of the most common areas of dispute between rural 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.

For a list of Frequently Asked Questions and a Fact Sheet visit https://www.tayvalleytwp.ca/en/living-here/drainage-and-flooding.aspx.