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Chapter 1 Mole drainage and works carried out to secure the efficient functioning thereof

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)
(a)

Where the moles discharge into a piped main drain, the value shall (subject to sub-paragraph (2) below) be the reasonable cost of the work less one-sixth for each year since the work was completed;

(b)

Where the moles discharge direct into an open ditch (whether the outfalls are piped or not), the value shall (subject to sub-paragraph (2) below) be the reasonable cost of the work less one-third for each year since the work was completed.

(2)

If the value of any work, calculated in accordance with sub-paragraph (1) above, exceeds the actual value to an incoming tenant, in any case where—

(a)

plans on a suitable scale, made at the time when the work was done, and showing the position of all moles, mains and outfalls, are not made available to the landlord; or

(b)

moles were not drawn at a proper depth, having regard to the nature of the soil and subsoil; or

(c)

any ditches into which the outfalls discharge have not been maintained clean, free from obstruction and at a proper depth since the work was done; or

(d)

deep cultivation or other work interfering with the efficient functioning of the drains has been done on the land since the drainage work was completed; or

(e)

the land is not of consistently suitable slope or soil texture for mole drainage to be effective; or

(f)

the drainage scheme was not a proper one, having regard to all the conditions, or was not efficiently carried out; or

(g)

for any other reason, the drainage system does not function efficiently,

the value so calculated shall be reduced so as not to exceed such actual value.