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Riparian Rights
River frontage or, even better, a river running through
your land, is hugely prized by many buyers for its aesthetic,
recreational and even emotional value. But to what extent
is it your river, and what duties come with the privilege
of such ownership?
When, for the second time, Graham Adnitt of our Chester
office auctioned the salmon fishing rights of an upper
stretch of the River Dee in North Wales recently, they
fetched an astronomical price compared with his first
sale – but that had been forty years earlier. Over
that time, the fortunes of the nation’s rivers have
taken many turns – most, but by no means all, for
the better. Fortunately, the majority of owners now have
an enthusiastic appreciation of the central importance
of rivers to the catchment areas they serve, and are keen
to maintain and enhance the ecology of the rivers as far
as is practicable. Which is just as well, because the
responsibilities that come with river frontage, known
as riparian rights, are not insignificant. They do vary
but are summarised by the Environment Agency thus:
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Rights:
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You are presumed to own the land up to the centre
of the watercourse unless it is known to be owned
by others.
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You are able to receive the flow of water in its
natural state, without undue interference in quantity
and quality.
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You have the right to protect your property from
flooding and your land from erosion, though prior
consent from the Environment Agency is needed for
most works.
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You have the right to fish in your watercourse,
by legal methods and with an Environment Agency
rod licence.
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Without needing a licence, you can abstract 20
cubic metres of water per day for domestic purposes
for your own household or for agricultural use,
excluding spray irrigation, from a watercourse at
any point that directly adjoins your land.
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Responsibilities:
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You have the responsibility to pass on flow without
obstruction, pollution or diversion affecting the
rights of others.
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You must accept flood flows through your land,
even if caused by inadequate capacity downstream,
as there is no common law duty to improve a watercourse.
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You are responsible for maintaining the bed and
bank of the watercourse (including trees and shrubs
growing on the banks) and for cleaning any debris,
natural or otherwise, including litter and animal
carcasses, even if it did not originate from your
land.
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You must not cause any obstructions to the free
passage of fish.
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You are responsible for keeping the bed and banks
clear of any matter that could cause an obstruction,
either on your land or by being washed away by high
flow to obstruct a structure downstream. Rivers
and
banks should not be used for the disposal of any
form of garden or other waste.
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You are responsible for keeping clear any structures
that you own such as culverts, trash screens, weirs
and mill gates.
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You are responsible for protecting your property
from seepage through natural or man-made banks.
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If all this sounds a little onerous, it is perhaps worth
bearing in mind that the owners for whom we act generally
regard these rules as having little impact upon what naturally
responsible people would do, in any event.
Top:
North Wales; multiple lot sale of sporting rights and
property bordered by the River Dee.
Below top (left and right):
Devon, River Avon valley, £1 million guide
Above and right:
Kent house with springfed natural lake, £1.25 million
guide |
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