New guide for riverside property owners

Citation

(1998), "New guide for riverside property owners", Property Management, Vol. 16 No. 4. https://doi.org/10.1108/pm.1998.11316dab.017

New guide for riverside property owners

New guide for riverside property owners

A new guide aimed at property and landowners living adjacent to a river or watercourse, has been published by the Environment Agency.

Riparian owners have rights and duties in relation to the watercourse flowing through, or adjacent to, their property. These "riparian rights" are based on common law and have been defined as a result of legal cases over many years.

The aim of the guide is to clarify the shared responsibilities, often misunderstood, between riparian landowners, the Environment Agency and other relevant bodies, in protecting and improving the riverside environment. The agency's functions include management of water resources, flood defence, fisheries, recreation and navigation, all of which may affect those living by a river.

The guide is likely to be of interest not only to property and landowners but to solicitors, estate agents and planners.

Ken Tatem, project manager for the Environment Agency, said:

"Misunderstandings often arise over who is responsible for the land adjacent to a riverbank.

"Property owners will typically contact either their local authority or the Environment Agency to, for example, clear rubbish or remove a dead tree, when in fact these problems are their own responsibility.

"Furthermore, people buy properties without understanding what they have taken on, particularly buyers of properties with river control structures such as mills and weirs. Many are just not prepared for the constant attention to water level management these structures often need. This is why we have published the guide ­ to clarify what is frequently a grey area".

Examples of typical problems involving householders include garden refuse being tipped over the fence of a property onto a river bank, creating a potential flood risk. Also, housing estates which back onto rivers where the properties are separated from the river by fencing and maybe a footpath. In these circumstances the owners frequently have no knowledge of their responsibilities and indeed their liability in the event of an accident on their property.

Where watercourses cross agricultural land, problems can arise with farmers allowing stock to trample down banks and planting crops to the top of the bank, leaving no buffer strip for access or for wildlife.

As well as causing problems for the Environment Agency, such actions can cause problems for other landowners leading to neighbourhood disputes.

The rights of riparian landowners include:

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  fishing in an adjacent watercourse (with an agency rod licence);

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  protecting their property from flooding, and land from erosion;

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  abstracting a maximum of 20 cubic metres per day of water for domestic; or agricultural use (excluding spray irrigation) without a licence.

Duties of riparian landowners include:

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  maintaining the bed and banks of the watercourse;

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  clearing debris, natural or otherwise, including litter and animal carcasses even if it did not originate on their land;

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  maintaining and operating river control structures properly.

Owners may be sued in the civil courts by anyone injured as a result of the neglect of these structures.

Consents are needed from the agency before any work can be carried out affecting a watercourse and also planning permission. Environmental issues, including flood risk, wildlife conservation, fisheries, reshaping of the river and landscape must all be considered.

Ken Tatem added:

"Houses change hands frequently, yet it is rare for the agency to be contacted during a solicitor's search. This guide can clear up a lot of misunderstandings for riverside owners. A partnership approach between the agency and property owners not only will help sort out any potential issues but also can provide positive improvements to the riverside environment."

Living on the Edge ­ a guide to the rights and responsibilities of a riverside owner is available free of charge from the Environment Agency. Tel: 0645 333111.