Riparian rights: what property buyers need to know

Understanding riparian rights and responsibilities: what every property buyer needs to know.

Owning a property with a stream running through the garden or a picturesque river view is a dream for many. Imagine sipping a cool drink on a warm summer day, gazing across the water.

However, if you’re considering purchasing such a property, it’s essential to understand the implications of riparian rights and responsibilities.

Laura Hooke, a partner in the Residential Conveyancing team, delves into the rights and responsibilities that come with owning a riparian property.

What are riparian rights?

If your property borders or includes natural watercourses—such as non-tidal rivers, streams, ditches, or lakes—you are known as a riparian owner.

This designation comes with specific rights and responsibilities concerning the watercourse that runs through or alongside your land, known as riparian rights.

Shared responsibility for watercourse maintenance

For properties adjacent to streams or rivers, maintenance of the watercourse is a shared responsibility between landowners on either side.

Each owner is presumed to own up to the mid-line of the watercourse and is responsible for the upkeep of their section. This responsibility includes ensuring the free flow of water and maintaining the natural quality of the water, free from pollution or obstructions.

It’s crucial to note that riparian ownership applies to natural, non-tidal watercourses. In contrast, canals are generally owned by the Canal and Rivers Trust and the riverbeds of tidal rivers typically belong to the Crown.

What you own and what you don’t

As a riparian owner, you generally do not own the water flowing through the watercourse but are entitled to its natural flow. This entitlement includes the right to take small quantities of water for domestic use, provided this does not negatively impact the watercourse or your neighbours.

Enjoying fishing and boating rights

Riparian ownership also grants you the right to fish within your section of the watercourse, subject to legal methods and a valid rod license. However, fishing rights are confined to your boundary and casting beyond the mid-line into another’s property could lead to disputes.

Fishing rights can be valuable and may be leased or sold. If purchasing a property, it’s essential to confirm whether these rights are included or have been sold or leased separately. Unauthorised fishing by others on your property could be considered trespassing and legal remedies are available.

For boat enthusiasts, riparian rights include the ability to moor boats on your section of the river, though appropriate licenses from the Environment Agency are necessary.

Flooding concerns and prevention

One common concern among prospective buyers of riparian properties is the risk of flooding. Riparian rights do include the ability to protect your property from flooding, but any preventative measures should be approved by relevant authorities to ensure they don’t infringe on the rights of neighbouring properties.

Obligations of riparian owners

While the scenic beauty of a watercourse is undeniable, it’s important to be aware of the responsibilities that come with riparian ownership. These obligations include:

• Allowing water to flow freely through your land without obstruction, pollution, or diversion.
• Keeping banks clear of obstructions, including debris, litter and overgrown vegetation.
• Maintaining the banks and removing any blockages, including animal carcasses.
• Permitting access to the watercourse for maintenance and inspection by appropriate authorities.
• Ensuring that the watercourse is not used for waste disposal.

Dealing with culverts

Not all watercourses are visible. Some may be enclosed in culverts—structures such as pipes that channel water underground. The responsibilities for maintaining a culvert are the same as for an open watercourse and these structures require regular maintenance to avoid blockages.

It’s important to investigate the presence of culverts and the extent of your responsibilities, as some may fall under the jurisdiction of a drainage board.

Key considerations for responsible riparian property ownership

If you’re considering purchasing a property with riparian rights, thorough due diligence is crucial. Conduct a detailed physical inspection of the watercourse with an experienced surveyor to ensure compliance with riparian obligations. Additionally, inquire about any existing flood prevention measures and the property’s history of flooding.

Owning a property with a natural watercourse offers significant benefits, from the serene views to the recreational opportunities. However, it’s essential to be fully aware of the rights and responsibilities that come with riparian ownership.

By understanding and fulfilling these obligations, you can fully enjoy your property while protecting the natural environment and maintaining positive relations with your neighbours. Once you’re familiar with your rights and responsibilities, all that’s left is to relax and enjoy the beautiful view that comes with riparian property ownership.

How can Morr & Co help?

The Residential Conveyancing team at Morr & Co is here to guide you through every step of purchasing a riparian property. We can assist with conducting thorough property searches, raising essential enquiries and reviewing any existing rights or obligations related to the watercourse.

If you would like more information on riparian rights or help with your property purchase, please contact our Residential Conveyancing team on 01737 854500  or by emailing info@morrlaw.com.

Disclaimer
Although correct at the time of publication, the contents of this newsletter/blog are intended for general information purposes only and shall not be deemed to be, or constitute, legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position.