The Flood Hub

This blog has been written by The Flood Hub People.

Perhaps it wasn’t your intention to live so close to a watercourse, and depending on the type, you may not even be aware that one runs under, across or forms part of your property boundary.

 

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Owning property near a watercourse can be a beautiful experience, but it also comes with important responsibilities. Many homeowners may not even realise that a river, stream, culvert, or ditch runs under, across, or along their property boundary. Understanding your rights and duties as a riparian owner is key to protecting your property, helping manage flood risk and complying with the law.

 

 

What is a Watercourse?

A watercourse is any channel through which water flows, natural or artificial, and includes:

• Rivers, streams, brooks, becks
• Ditches and culverts

Artificial watercourses are usually owned by third parties. If you are buying property near a watercourse, it’s wise to ask your conveyancing solicitor to check ownership and liability.

If you already own a property, check your deeds to see whether a watercourse runs through or alongside your land. Deeds define property ownership and boundaries, which is essential for understanding your responsibilities.

 

 

When are Landowners and Homeowners Responsible?

• Watercourse across your land: You own the entire stretch within your property boundary.
• Watercourse forming a boundary: You usually own up to the middle of the watercourse; the adjacent landowner is responsible for the other half. Always check your deeds.
• Culverted watercourse running through your land: You own the full stretch within your property boundary, even if it has been buried for a long time. The Land Drainage Act 1991 states that landowners must maintain culverts to allow free passage of water, whether or not they are aware of the culvert.

Note: Watercourse positions can change naturally over time. Riparian boundaries move with them under the doctrine of accretion and diluvion.

 

 

 

Riparian Owners: Responsibilities

As a riparian owner, your duties include:

• Maintaining the bed and banks of the watercourse, including trees, shrubs, fallen debris, and blockages.
• Accepting the natural flow of water through your land, even if caused by downstream capacity issues.
• Allowing free passage for fish.
• Keeping the watercourse free from pollution and obstructions. Avoid discharging chemicals, wastewater, or green waste into it.
• Maintaining structures like trash screens and culverts; contact your Risk Management Authority (RMA) for advice if repairs are needed.
• Controlling invasive species to prevent spread to neighbouring properties.
• Protecting wildlife habitats, Sites of Special Scientific Interest (SSSIs), Special Protection Areas (SPAs), Special Areas of Conservation (SACs) and protected species.
• Reporting flooding, pollution, or other issues to the relevant authority.

 

 

Riparian Owners: Rights

Your rights as a riparian owner include:

• Protecting your property from flooding (with permissions from RMAs).
• Receiving water in its natural state.
• Fishing in your watercourse with a valid rod licence (unless rights have been sold or leased).
• Abstracting up to 20 cubic metres of water per day for domestic or agricultural use without a licence.
• Leaving trees and shrubs that don’t obstruct flow, which can reduce erosion and help manage flood risk.

 

 

Reporting and Permissions

• Main Rivers: Managed by the Environment Agency.
• Ordinary watercourses: Contact your Lead Local Flood Authority (LLFA) (unitary/county council) or Internal Drainage Board (IDB).
• Tidal rivers: Bed and foreshore usually owned by the Crown; public rights of navigation and fishing apply.

If riparian owners do not maintain their responsibilities, RMAs can enter private land to carry out emergency works and may recover costs or prosecute.

 

Report issues to:

To report instances of flooding, issues causing an increase to flood risk, problems with a flood risk asset, potential water pollution or environmental crime incidents, you should contact the Environment Agency.

• Environment Agency 24hr hotline: 0800 80 70 60

Some flood risk assets (like trash screens or culverts) may list the owner or maintenance contact. Management companies may also maintain these assets on behalf of owners.

 

 

Working Near a Watercourse

As a riparian owner, you do not have unrestricted authority to carry out work in or near a watercourse and should seek advice about permissions and licences from the Environment Agency.

Riparian owners should note that ordinary watercourses include roadside ditches; you may therefore be responsible for their maintenance where they border your property. This applies to the entire width of the channel, not just to the centre point. If flooding on the highway occurs due to an obstruction in the ditch, or if drainage from the road into the ditch is impeded, the Highway Authority may exercise legal powers requiring riparian owners to clear it.

For work on or near all other watercourses, you must apply for Ordinary Watercourse Consent, which can be obtained by contacting either:

• The IDB in your area
• Your LLFA through your local council or the Environment Agency

 

Sources

• https://www.gov.uk/guidance/owning-a-watercourse
• https://www.landregistryservices.com/culverts/