National Conveyancing Week 2025 Blogs: Riparian Rights - What's It All About?

You are unlikely to have ever heard of Riparian Rights unless your property borders a river or stream.

So, what is it?

Basically, it’s a legal responsibility - responsibilities/duties/obligations which come with land that borders a watercourse. A watercourse is a river, stream or lake but it can also mean a brook, ditch, culvert etc.  

Owners of land which borders a watercourse are known as Riparian Landowners and they have certain entitlements but also certain obligations that have become established in Law over time, known as Riparian Rights.  

It is an assumption that an owner will own the land to the centre of the watercourse unless it specifically shown to be owned by someone else.  A watercourse may run through or underneath land and it is again, an assumption, that you will own the part which runs through the land. Deeds will determine this. 

It is the Environment Agency that will list the rights and duties in England and Wales but you can obtain free information from https://www.gov.uk/guidance/owning-a-watercourse

Some of the responsibilities/duties of an owner will include reporting certain issues to the Environment Agency which include:

• Blockage or obstruction - water must be allowed to flow naturally but an owner is entitled to remove any blockages or cut back trees, branches and shrubs but only if it’s affecting the flow of the water and if the blockage is affecting a public right of way
• Flooding – all trees and shrubs must be left in place (unless as stated above) as they can help control or prevent any flooding
• Pollution – it must not be polluted, throwing in waster or chemicals is prohibited 

An owner must also protect wildlife by not disturbing nesting birds or spawning eggs of fish for example.

There are also restrictions on what an owner can or cannot do.  Certain permissions, licences or permits may also be required from the Environment Agency and it is the landowners responsibility to obtain any permissions, licence or permits.

If an owner wanted to build close to a watercourse several factors will be considered such as the risk of flood and the environmental protection.  The Environment Agency and local authorities therefore have very strict guidelines in place.

Riparian Rights will also include rights such as 

• Access for swimming
• Access for boating
• Access for fishing
• Access for use for domestic purposes. 

If an owner fails to carry out their duties then they could face legal action under the The Public Health Act 1936, The Land Drainage Acts 1991 and 1994, the Water Resources Act 1991 and the Environment Agency Land Drainage Bylaws 1981.  It is therefore important that you familiarise yourself with those obligations if you are a Riparian Landowner.