Riparian Ownership: What Are Your Rights and Responsibilities?

Mariam Abu HusseinLegal Assessment Specialist @ Lawhive

Updated on 31st July 2024

If you have a small stream or river next to your back garden or running under your land, you are called a riparian owner. This means you have special rights and duties related to that water.

Riparian rights are an important part of UK property law, especially for landowners whose property borders water bodies like rivers, streams, or lakes.

This article will explore the common law principles and statutory rules governing riparian rights in the UK and provide a detailed discussion and what landowners can and must do regarding access, fishing, maintenance, and pollution control.

What are riparian rights?

Riparian rights are special rights that landowners have when their property is next to a river, stream, or other natural watercourse.

These rights, established in common law, allow landowners to use the water in ways that do not harm the rights of others and ensure they maintain the watercourse to prevent issues like flooding and pollution.

Riparian rights include:

1. Access to Water: Landowners can use the water for domestic purposes like drinking, washing, and watering plants;

2. Fishing Rights: Typically, landowners have the right to fish in the water next to their property unless restricted by other laws or private rights;

3. Maintenance Duties: Landowners must keep the watercourse's banks and bed on their property clear of obstructions to make sure water flows freely;

4. Erosion Control: Owners can protect their land from erosion, which may include building structures like walls, subject to regulatory approval;

5. Pollution Control: Landowners must avoid polluting the watercourse, and manage waste and runoff to maintain water quality.

Historical development and basis in UK common law

Riparian rights have a long history in UK common law, evolving over centuries to address the needs and conflicts of landowners along watercourses.

These rights are rooted in the principle that water should flow naturally and be accessible to those who own land along its path.

Several landmark cases have significantly influenced the interpretation and application of riparian rights in the UK.

Chasemore v Richards (1859)

This case arose when the defendant, Mr. Richards, who owned a mill, dug a well on his land that significantly lowered the water table and dried up a stream on Mr. Chasemore's adjoining property, which he used to power his mill.

The key legal issue was whether Mr. Richards had the right to extract underground water, even if it resulted in the drying up of Mr. Chasemore's stream.

The court ruled in favour of Mr. Richards and held that landowners have the right to extract underground water (percolating water) beneath their land, and this right is not limited by the effect it may have on neighbouring properties.

Attwood v Llay Main Collieries Ltd (1926)

In this case, coal mining company Llay Main Collieries Ltd was found to have polluted a stream, which in turn affected the water quality for the downstream landowner, Mr. Attwood.

The primary legal issue was whether the coal mining company was liable for the pollution caused by their operations and if they had a duty to prevent contamination of the watercourse.

The court held that Llay Main Collieries Ltd was liable for the pollution and had breached its duty to make sure that the watercourse remained uncontaminated

McNab v Robertson (1897)

In this case, Mr. McNab claimed that Mr. Robertson had failed to properly maintain the banks and bed of a stream running through his property, which led to flooding and damage to Mr. McNab's land.

The main issue was whether Mr. Robertson had a duty to maintain the watercourse and prevent it from causing harm to neighbouring properties.

The court found in favour of Mr. McNab, ruling that Mr. Robertson had a duty to maintain the watercourse to prevent flooding and damage to adjacent properties.

What does riparian ownership mean?

The word riparian comes from the Latin word "ripa," meaning bank.

If a river or stream runs through your land, you usually own the part that is on or under your land.

If it runs along the edge of your property, you own up to the middle of it. But you don't actually own the water itself.

How do I know if I am a riparian owner?

If your property is adjacent to or includes a natural watercourse, such as a river, stream, or brook, you are likely a riparian owner. Your property's title deeds may explicitly state whether you own the land up to the centre of the watercourse or whether any rights have been sold or leased separately, like fishing rights.

If in doubt, seek advice from a property law solicitor to understand your rights and obligations fully.

What counts as a natural watercourse?

A natural watercourse refers to any channel through which water flows naturally. This can include rivers, streams, brooks, and ditches.

To be defined as a natural watercourse, it must:

• Have a defined channel, whether visible on the surface or underground, through which water flows;

• Originate naturally (i.e. not be man-made like canals);

• Have the presence of water flow, which may vary with the seasons or weather conditions.

Some watercourses are easy to identify, like rivers or streams. However, sometimes they might be underground in pipes or culverts (a pipe that carries water under the ground). Figuring out if these hidden watercourses give you the same riparian rights can be tricky.

For example, there was a case where a company, Bernel Ltd, bought some land and wanted to use a pipe that carried water underground to drain their land. They said this pipe was part of a natural watercourse, so they should have riparian rights to use it.

However, the court disagreed because the pipe didn't always have water flowing through it.

This case established some important points:

• Just because a watercourse is dry sometimes doesn't mean it's not a natural watercourse.

• A channel that only fills up during heavy rain or flooding doesn't count as a natural watercourse.

• Whether the water flow is temporary or not is something the court needs to decide based on the facts.

So, if you have a watercourse on your land, whether it's easy to see or hidden underground, it's important to understand your rights and responsibilities. Sometimes, figuring out these can be complicated, and that's where experts like solicitors can help.

What are the rights of riparian owners?

Riparian owners, who have property next to rivers or streams, have specific rights related to the watercourse.

The key rights are:

Right to Natural Flow

Riparian owners have the right to the natural flow of water in the river or stream. This means they can expect the water to flow in its usual amount and quality without being significantly altered by upstream activities.

Right to Protection from Flooding and Erosion

Riparian owners have the right to protect their land from flooding and erosion. This means they can take reasonable measures, like building walls or embankments, to prevent their land from being damaged by the water.

Right to Use Water

Riparian owners have the right to use up to 20 cubic meters of water per day that flows past their property for various purposes, such as drinking, watering their garden, or for agricultural uses.

However, they must use the water reasonably and not waste it or prevent it from reaching other riparian owners downstream.

Right to Access and Maintain Watercourses

Riparian owners have the right to access the watercourse, which means they can go to the river or stream on their property. They also have the responsibility to maintain the banks and bed of the watercourse. This includes removing debris, preventing blockages, and ensuring the water flows freely and is kept clean.

Right To Fishing and Mooring

Riparian owners can fish and moor boats, but it's important to check your deeds because sometimes these rights can be sold or leased to someone else.

What are the responsibilities of riparian owners?

Riparian owners must keep the river or stream on their property clear of any obstructions. This means removing any debris, like fallen trees or litter, that might block the flow of water. They also need to make sure that the water is not polluted by waste or chemicals from their land.

Owners must also make sure that their actions do not negatively impact the quality of the water. This means avoiding activities that could pollute the water, such as dumping waste or using harmful chemicals near the watercourse. They should also take steps to prevent soil erosion, which can muddy the water and harm aquatic life.

Riparian owners should cooperate with local authorities to manage and reduce the risk of flooding. This includes following guidelines and regulations related to flood prevention, such as building and maintaining flood defenses. They may also need to allow authorities access to their property to carry out flood prevention work.

Can I build on or alter a watercourse on my property?

For major rivers and tidal waters, you must get permission from the Environment Agency. This includes any work that might affect the water flow or flood defences. You may need to apply for an environmental permit or flood defence consent.

For smaller, non-tidal watercourses, you will need to apply for Ordinary Watercourse Consent through your local council or the relevant Internal Drainage Board.

Types of work requiring consent include:

• Building structures such as dams, weirs, bridges, or moorings;

• Changing the banks of the watercourse, dredging, or removing material from the bed;

• Constructing or modifying flood defences, which may involve working within certain proximities to the watercourse.

You must also make sure that any construction or alteration does not negatively impact the water quality or natural environment. This includes avoiding pollution, maintaining natural water flow, and ensuring that wildlife habitats are not disturbed.

How do riparian rights affect property value?

Positive impacts

Properties with riparian rights often have increased market appeal due to their access to natural water bodies. This access allows for recreational activities such as fishing, boating, and swimming, which can make the property more desirable and thus, more valuable.

Furthermore, the presence of a watercourse can enhance the aesthetic appeal of the property. Scenic views and a tranquil environment can attract buyers who are willing to pay a premium for properties that provide a natural, picturesque setting.

Negative impacts

Properties adjacent to watercourses are at a higher risk of flooding, which can lead to higher insurance premiums and may affect the property's attractiveness to potential buyers.

Further, alterations or constructions near the watercourse often require multiple permissions from various authorities, which might deter buyers who are not willing to deal with the associated bureaucracy or effort and expense required to maintain the watercourse.

Riparian rights can also sometimes lead to legal issues and disputes with neighbouring landowners which can complicate property transactions.

Why is it important to know your riparian rights?

Knowing your riparian rights is important because it helps you take care of your property and the water properly.

Using and protecting your property

You can use some of the water from a natural waterscouse for things like watering your garden or giving your animals a drink. But you need to know how much you can use without needing special permission.

You also have the right to protect your land from flooding or washing away. But to do this, you often need to ask for permission from the people who manage the water, like the Environment Agency.

Keeping everything clean and legal

You must keep the water clean and not throw any rubbish or harmful stuff into it. This helps protect the environment and keeps you out of trouble with the law.

There are also rules about how you can use the water and take care of the riverbank. Knowing these rules helps you do the right thing and avoid fines.

Being a good neighbour

By knowing your rights and duties, you can avoid problems with your neighbours.

Sometimes, you and your neighbours might also need to work together to take care of the watercourse. Knowing your rights helps you communicate better and work as a team.

How to handle disputes with other riparian owners or authorities

Disputes over riparian rights can arise between landowners or with authorities responsible for watercourse management for various reasons including:

• Water flow and usage, especially if one owner's use impact the quantity or quality of water available to others;

• Failure of one riparian owner to maintain their section of the watercourse, leading to blockages or flooding that affect neighbouring properties;

• Actions that pollute the water or disrupt the natural habitat.

In most riparian rights disputes, the first step should always be to communicate directly with the other party to find a mutually beneficial solution.

However, if this doesn't work, you should consult with a solicitor experienced in riparian rights and property law. They can provide personalied advice on your legal position and the best course of action, and assist in preparing for potential litigation if necessary.

For issues involving environmental impact or regulatory compliance, you should contact the appropriate authority.

As a last resort, legal action can be taken through the courts. This can be lengthy and expensive, however, so it is typically only recommended when all other avenues have been exhausted.

Courts can issue orders to enforce riparian rights, mandate maintenance, or award damages for any harm caused.

Can riparian rights be sold or leased?

Riparian rights are typically tied to the ownership of the land adjoining the watercourse, but they can be separated and transferred independently.

For example, a landowner might sell the right to extract water or the right to fish in the watercourse while retaining ownership of the land itself.

Leasing riparian rights is also common, especially with rights like fishing. When these rights are leased, the lessee can use the watercourse for a specified period under the terms agreed upon in the lease. For instance, fishing rights might be leased for a season for a number of years.

However, even if certain rights are sold or leased, the landowner typically retains certain responsibilities, such as maintaining the watercourse and ensuring it remains unobstructed and unpolluted.

Get help with riparian rights from Lawhive

Riparian rights can be a bit tricky and complicated. That's why it's a good idea to talk to a solicitor if you have any issues or questions about these rights.

A property lawyer can explain what you are allowed to do with the water next to your land and tell you what you need to do to take care of the water and the banks.

Furthermore, if you have a problem with your neighbour or with local authorities about the water, a solicitor can help you figure it out.

For further information and personalised legal help with your riparian rights, contact us today.