Understanding Riparian Rights: What landowners need to know

Do you own land next to a river, stream, or ditch? You may have legal rights and responsibilities.

What are Riparian Rights?

If your property borders a natural watercourse, such as a river, stream, or brook, you are likely to be a riparian owner. You are also likely to be a riparian owner if you have a watercourse running through your land. This means you have a specific set of legal rights, known as Riparian Rights, that allow you to use and enjoy the water flowing through or alongside your land.

However, with those rights come important duties to ensure the water is used responsibly and does not negatively affect others.

These rights can apply both to open water courses as well as to culverts (a watercourse enclosed in a structure such as a drainage pipe).

What Rights do Riparian Owners have?

As a riparian landowner, you typically have the right to:

• Access and use the water on or next to your land for domestic purposes, like watering your garden and for livestock.
• Protect your land from flooding or erosion, provided you do not redirect the water in a way that harms others.
• Fish in the watercourse, as long as it is not restricted, and you have the appropriate licence.
• Own up to the centre of the watercourse if it’s non-tidal and it forms a boundary between properties.
• Owns any stretch of natural watercourse that runs through or underneath your land. Any artificial watercourse may be the responsibility of a third party.

Note: You do not own the water itself, but you may own the riverbed, bank, or part of the land underneath the stream.

Responsibilities of Riparian Owners

With Riparian Rights come a number of legal responsibilities, including:

• Maintaining the watercourse: You must keep your section of the river, ditch, or stream free of debris, blockages, and invasive plants.
• Avoiding pollution: It’s your duty to ensure that no chemicals, waste, or harmful substances enter the water from your land.
• Not altering the natural flow: You cannot build dams, barriers, or other structures that restrict or divert the water without proper permissions.
• Managing flood risks: You are expected to take reasonable steps to help prevent flooding both on your land and for neighbours downstream.

These responsibilities can require owners to carry out certain works or maintenance of the watercourse in order to avoid potential common law and statutory liabilities.

When Riparian Rights do not apply

In situations where a landowner’s property does not adjoin a natural watercourse, Riparian Rights are not applicable. However, there are alternative avenues to gain water usage rights:

• Express agreements with neighbours: landowners can negotiate and formalise agreements with neighbouring riparian owners to secure specific water usage rights. These agreements should be documented in writing to ensure clarity and legal enforceability.
• Acquiring prescriptive rights: Through continuous and uninterrupted use of a water resource over a prolonged period (typically 20 years), a landowner may establish prescriptive rights. This long-term usage must occur without force, secrecy or permission of the legal owner.

When should you get legal advice?

It’s a good idea to speak to a solicitor if you:

• Are buying or selling land that includes a watercourse
• Are unsure about your boundaries near a river or stream
• Are experiencing flooding or drainage issues
• Have received notice or enforcement from the Environment Agency
• Are in dispute with a neighbour over water use or access.

Contact our Property Disputes solicitors today

Understanding your rights and responsibilities as a riparian owner can help you avoid costly disputes, environmental issues, or regulatory trouble. Please get in touch with our specialist Property Litigation team by using our online enquiry form or calling 0330 404 0738.