Board Owned Land

An Internal Drainage Board (IDB) may own several land holdings, including watercourses. Where the Board owns land, the Board will manage that land in accordance with the Land Drainage Act 1991 and other relevant legislation.

A disposition of land means any legal transaction where ownership of land, or rights in land, are transferred, created, or released. This includes (but is not limited to):

• The sale or transfer of ownership of land.
• The grant or assignment of a lease or tenancy.
• The creation of rights over land (such as easements, covenants, or drainage rights).
• The surrender or release of any rights or interests in land.

In practice, this means that any agreement or transaction which changes who owns, occupies, or has legal rights over land within, adjacent to, or affecting the Board’s drainage district will be treated as a disposition of land and must be formally documented.

The Drainage Board requires that any third party proposing to carry out works to, access or otherwise acquire an interest in the Board’s landholding must first request to enter into a formal legal agreement with the Board. The Board is not obliged to agree to a request. No works, activities, or dispositions of land of this nature may commence or take effect unless / until the request has been approved by the Board and the resultant legal agreement has been completed.

Any agreement will clearly set out the rights, responsibilities, and obligations of all parties, ensuring compliance with statutory requirements, protection of the Board’s assets, and the safe and effective management of the drainage network. Where an agreement is entered into, the Board will ensure that these remain valid, legally compliant, and reviewed in accordance with their terms.

Where any agreement is to be considered or required, the Board’s reasonable costs including administrative costs and full costs of professional services (including valuation costs and legal fees) are to be paid by the third party.

Entering into a legal agreement with the Board does not alter the requirement for Land Drainage Consent in accordance with the Land Drainage Act 1991 and the Board’s Byelaws, or vice versa.

In accordance with Section 63 of the Land Drainage Act 1991, the Board may not dispose of land owned by the Board for a consideration less than the best that can reasonably be obtained, other than with the consent of the relevant Minister. To ensure compliance with Section 63 of the Land Drainage Act 1991 the Board will engage the services of a chartered surveyor, to value any proposed disposition. For the avoidance of doubt, the disposition of land includes the granting of an easement (for example, enabling a third party to cross land owned by the Board).