Drainage

Roadside ditches: You can only use roadside ditches as on outlet if permission is granted by the road authority. If permission is granted, we recommend that you get it in writing.

Private ditches: Private ditches are private infrastructure and unless permission is given, another property owner has no right to connect a newly installed tile drainage system to a private ditch that flows across a neighbouring property. Similar to using a roadside ditch as an outlet, if permission is given, make sure it is in writing.  If work needs to be done on the neighbouring property, make sure all parties are clear on cost-sharing and also that all parties are clear on the extent of work and the potential disruption of land.

Wetland or low area:  Sometimes it's tempting to outlet a tile drainage system into a wetland area, particularly if the wetland is located on your client's property.  However, before doing so, you should examine the area to determine if the outletting of the tile drainage system could be any impact on other property owners.  If there could be, don't do it without first acquiring permission.

If you are unable to get permission, the owner of the land has the right to petition their municipality under the Drainage Act for an outlet.  Although it takes longer to get the outlet using the Drainage Act, when it is done, you can have confidence that the tile drainage work you perform will not result in legal action.  If you still decide to take shortcuts on legal outlets, remember that the courts consider the tile drainage contractor to be an expert.  You may want to check out the liability risk of you and your business.