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Riparian rights and obligations

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Upper Tribunal rules ‘small data’ is not exempt from disclosure (Information Commissioner v Miller)

Upper Tribunal rules ‘small data’ is not exempt from disclosure (Information Commissioner v Miller)

The following Environment news provides comprehensive and up to date legal information on Upper Tribunal rules ‘small data’ is not exempt from disclosure (Information Commissioner v Miller)

Chemical Strategy for Sustainability heralds most significant changes to EU Chemicals Regulation in 15 years

Chemical Strategy for Sustainability heralds most significant changes to EU Chemicals Regulation in 15 years

The following Commercial news provides comprehensive and up to date legal information on Chemical Strategy for Sustainability heralds most significant changes to EU Chemicals Regulation in 15 years

Court of Appeal finds that SoS was not required to carry out a quantitative assessment of need for Drax CCR generating station (ClientEarth v Secretary of State for Business, Energy and Industrial Strategy)

Court of Appeal finds that SoS was not required to carry out a quantitative assessment of need for Drax CCR generating station (ClientEarth v Secretary of State for Business, Energy and Industrial Strategy)

Court of Appeal finds that SoS was not required to carry out a quantitative assessment of need for Drax CCR generating station (ClientEarth v Secretary of State for Business, Energy and Industrial Strategy)

Lloyd’s comes under fire over offshore drilling insurance

Lloyd’s comes under fire over offshore drilling insurance

The following Environment news provides comprehensive and up to date legal information on Lloyd’s comes under fire over offshore drilling insurance

Featured Environment content

Nuisance and the rule in Rylands v Fletcher—common law liability for pollution

Nuisance and the rule in Rylands v Fletcher—common law liability for pollution

Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it....

What is a contract of insurance?

What is a contract of insurance?

This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of...

Commercial Property Standard Enquiries (CPSE)—environmental and health and safety enquiries

Commercial Property Standard Enquiries (CPSE)—environmental and health and safety enquiries

Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are...

Compensation orders in criminal cases

Compensation orders in criminal cases

What is compensation?A compensation order is defined in the Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000), to mean an order which...

Practice notes

Lease transactions toolkit (environmental issues)—Commercial Property Standard Enquiries and additional environmental enquiries

Commercial Property Standard EnquiriesThe Commercial Property Standard Enquiries (CPSE) have become the industry standard pre-contract enquiries for...
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Produced in partnership with ELM Law 12th Jan
Practice notes

Mortgagee in possession

This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
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9th Nov
Practice notes

Judicial review time limits—extensions and urgent cases

When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan
Practice notes

Costs for judicial review—general principles

General rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan
Practice notes

General principles of insurance contract law

What is insurance law?Insurance law can be split into three parts:•insurance contract law which governs the contractual relationship between insureds...
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9th Nov
tag iconIn-house
Practice notes

Waste types and controls—controlled waste

Controlled waste is subject to legislative control. It is defined in Part II to the Environmental Protection Act 1990 (EPA 1990), see Definition of...
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9th Nov
Practice notes

Forfeiture

The power of the court to order the forfeiture of property under the PCC(S)A 2000The Powers of Criminal Courts (Sentencing) Act 2000 is the principal...
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9th Nov
Practice notes

Judicial review—what it is and when it can be used—Scotland

Background to judicial review in ScotlandJudicial review represents the means by which the courts control the exercise of governmental power. Judicial...
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Produced in partnership with Carolyn Morgan of Harper Macleod LLP 12th Jan
tag iconScottish Law
Practice notes

Introduction to retained EU law

This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...
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9th Nov
tag iconBrexit
Practice notes

Appealing a conviction in the Crown Court

This Practice Note explains the right of defendants who have been convicted in criminal proceedings to appeal against their convictions in the...
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Produced in partnership with Doughty Street Chambers 12th Jan
Practice notes

Public nuisance—general principles

Public nuisancePublic nuisance involves a nuisance being carried out, which affects a section of the general public. It has been defined as: 'acts or...
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9th Nov
Practice notes

Local authorities—powers to investigate environmental crime

When do local authorities investigate environmental offences?Environmental offences cover a broad range of crimes which affect the surroundings we...
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Produced in partnership with Laura Phillips of 6 Pump Court 12th Jan
Practice notes

Overview of the EU legal system

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...
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Produced in partnership with Laura Bolado 12th Jan
tag iconBrexit
Practice notes

Presumption in favour of sustainable development

Policy contextThe original version of the National Planning Policy Framework (2012 NPPF) was published on 27 March 2012, taking immediate effect. It...
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9th Nov
Practice notes

Double funding

Brexit: The UK left the EU on 31 January 2020. This has implications for the schemes providing for agricultural subsidies in England and Wales, which...
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9th Nov

Most recent Riparian rights and obligations content

Practice notes

Riparian ownership—rights and responsibilities

Brexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...
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Produced in partnership with Argyll Environmental and Burges Salmon 22nd Jan
Practice notes

Property boundaries

This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...
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15th Jan
Practice notes

Riparian owners and fishing rights

Riparian ownershipThis Practice Note looks at riparian ownership of non-tidal waterways, dealing with the fishing rights which may attach to such...
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15th Jan
Practice notes

Flooding—Law Society practice note on flood risk

The Law Society first issued its practice note on flood risk on 23 May 2013 due to the increasing risk properties face from flooding and the knock on...
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15th Jan
Practice notes

Water abstraction licences—rights and proposals for reform

Coronavirus (COVID-19): To help businesses cope with the disruption caused by Coronavirus, COVID-19, the Environment Agency (EA) has published a...
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11th Dec
Q&As

Are there exemptions which mean the regulator does not have riparian rights and responsibilities for land owned adjacent to a main river?

In researching this Q&A, we have been unable to find any exemption releasing the regulator from its rights and responsibilities as a riparian owner....
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28th Nov
Q&As

If a landowner has riparian responsibilities because of a boundary with a watercourse and the route of that watercourse moved (naturally or culverted), would the landowner's boundary or area of responsibility move with the watercourse or would it correspond to their red line on the title document?

If you own land or property next to a river, stream or ditch you are a riparian landowner. Riparian owners have certain rights and responsibilities.In...
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28th Nov
Q&As

Who has the maintenance and repair responsibilities for a river embankment where it abuts a highway?

The owners of the land on either side of the river are responsible for the maintenance of the watercourse itself and the flow within it, as where the...
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28th Nov
Q&As

Is there any authority under which a borough council (not a risk management authority) can serve notice on a riparian owner to carry out repairs (to a weir structure) on the riparian owner's land?

Risk management authority powersA risk management authority (RMA) is defined in section 6(13) of the Flood and Water Management Act 2010 (FWMA 2010)...
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28th Nov
Q&As

If an owner owns land either side of an unregistered watercourse, can they rely on the presumption that they own up to the middle line of the watercourse and so there is nothing preventing the riparian owner from draining into the watercourse as the land is theirs (subject to having any necessary discharge consents)? What happens if a landowner only owns land on one side of the watercourse? Can they still drain into the watercourse (subject to having any necessary discharge consents) or do they need an easement from the other adjoining owner, who is presumed to own the other half of the watercourse?

Under the common law, the owner of land forming the bank of a natural watercourse has the benefit of the presumption that a landowner owns the land up...
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28th Nov
Q&As

Who owns the underground water, where the water is not flowing through pipes (ie is not a water supply, drainage or sewage system)? Is it an owner of the property or the water company?

Commentary: Rights in flowing water at common law: Halsbury's Laws of England [110] states:‘Although certain rights as regards flowing water are...
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28th Nov
Q&As

Does the owner of a watercourse have the right to drain treated effluent into that watercourse and can they grant that right to others?

Does the owner of a watercourse have a right to drain into that watercourse?An owner of land abutting on water is a ‘riparian owner’ (see Commentary:...
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28th Nov
Q&As

We act in the purchase of a development site. An easement will be entered into for surface water drainage to be laid across an adjoining site which directly abuts a watercourse into which the surface water will drain (and it is presumed that the owner of that site has the benefit of riparian rights). Can the owner effectively grant an easement to discharge water into the watercourse on the basis of their riparian rights? Would the owner of the riparian rights in the adjoining half of the watercourse also need to consent? Would this easement be legally binding and free from challenge? Are there any other steps which should be taken to ensure that the grantee's position is secured?

An easement has four essential characteristics:•there must be a dominant and a servient tenement•the easement must accommodate the dominant...
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28th Nov

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