Riparian ownership—rights and responsibilities
Produced in partnership with Argyll Environmental and Burges Salmon
Riparian ownership—rights and responsibilities

The following Environment practice note Produced in partnership with Argyll Environmental and Burges Salmon provides comprehensive and up to date legal information covering:

  • Riparian ownership—rights and responsibilities
  • Brexit impact
  • What does riparian ownership mean and who does it affect?
  • Who regulates riparian owners?
  • Riparian owners’ rights
  • Riparian owners’ responsibilities:
  • How do these responsibilities affect land owners?
  • Culverts
  • Additional considerations
  • Planning
  • More...

Brexit impact

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content.

For further guidance, see Practice Note: Brexit—impact on environmental law and News Analysis: Brexit Bulletin—key updates, research tips and resources.

What does riparian ownership mean and who does it affect?

‘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 the case of ditches, streams and rivers, it is the landowners on each side of the watercourse who are responsible for the maintenance of the watercourse itself and the flow within it.

It should also be noted that it is not just those who have a watercourse flowing across their land that are affected, but also those with land where the watercourse forms a boundary with another landowner. Their rights and responsibilities even apply where a watercourse passes immediately adjacent to a boundary, even if it is outside the landowners’ ownership, as the flow of the watercourse has the potential to affect this land.

Fig 1. Typical Riparian Ownership situation (woodlands.co.uk)

If an ‘ordinary watercourse’ or a ‘main river’ runs through land or along the boundary of a

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