As a Yorkshire based law firm, we are no stranger to dealing with land where boundaries are determined by natural water courses. A river or beck may pose an attractive feature for a residential property often with stunning views and new possibilities, not available to land-locked property, or for a farmer, a possibility for watering livestock.
There is a legal presumption that where land abuts a natural watercourse (such as a river) the land will benefit from various rights; extending to the centre of the watercourse. Obligations also exist…
RIPARIAN RIGHTS
Common rights include: -
Being allowed to extract up to 20 cubic metres per day for domestic or agricultural use – Please note that a water extraction licence may be required in any event and further enquiries ought to be made with the Environment Agency/local water board.
A right to fish the watercourse (provided these are in hand and such rights have not been excluded from the title previously). Sometimes fishing rights (often captured under the broader phrase of ‘sporting rights’) are leased or sold off, however, this would usually be detailed in the title for the land. You should also check that no additional licences/permits are required for fishing different species.
Other uses may include mooring a boat and discharge into the watercourse (subject to similar rights of other riparian owners and any necessary consents from regulatory authorities).
RIPARIAN RESPONSIBILITIES/OBLIGATIONS
The responsibilities that come with having riparian rights are in the spirit of treating others how you wish to be treated yourself. There will be many different landowners who abut any given watercourse, and whether they are down or upstream, it is important everyone bears responsibility. These include: -
Not polluting the water;
Allowing the water to flow naturally; and
Not to do anything or permit anything that increases the risk of flooding for other landowners.
WHAT IS CONSIDERED A NATURAL WATER COURSE?
There is no specific legal definition of a ‘natural watercourse’, however, the Environment Agency has defined a watercourse as being any stream of water flowing in a defined channel or through an underground pipe or culvert which can be natural or artificial and includes channels that are dry for long periods of time.
A recent case has also shed light on what is considered a natural watercourse and what should benefit from riparian rights. In Bernel Ltd v Canal and River Trust [2021] EWHC 16 (CH), the claimant who was a developer wished to discharge surface and foul water from the land onto the neighbouring land. The claimant argued that the pipe running under the land was a culverted natural watercourse, and therefore gave rise to riparian rights to discharge water without the consent of the neighbouring land.
The court found that there was insufficient flow through the pipe for it to be considered a ‘natural watercourse’ as there were periods where there was no flow of water. The court also considered that a dry channel which is only filled during temporary flooding does not give rise to riparian rights.
To that end, it is important to correctly identify the watercourse (if not obvious) before exercising any rights.
Our agricultural team here at Eccles Heddon has a wealth of experience: - dealing with fishing rights and the purchase/sale of land enjoying a watercourse boundary. If you have any queries about riparian rights or the sale/purchase of land/sporting rights, please speak to a member of our team.
