Q&As
Where a property has a sluice gate situated on it, are there any responsibilities to operate and maintain it? If not, does any public body have a statutory right of access for operation and maintenance?
The rights and responsibilities of a landowner will depend on the existence of any land charges on the title register, or other title documents. The conveyance for a property may include specific covenants that require a landowner to main watercourses or flood defences. Whether or not such a covenant is capable of binding successors-in-title will depend on the terms of the covenant.
If the sluice gate is part of a watercourse that runs through the landowner’s property, the landowner will be a riparian owner and will have rights and responsibilities to maintain the watercourse and the flow of water through it. If the watercourse is a 'main river' then the lead authorities
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