If you own land adjacent to a watercourse or have a watercourse running through your property, you are considered a riparian owner. This gives you certain legal responsibilities for managing and maintaining the watercourse to ensure it does not contribute to flooding or environmental damage. Here’s what you need to do.
Maintain the watercourse and clear obstructions
As a riparian owner, you must ensure that the watercourse is kept free from any obstructions, whether natural (such as fallen branches or silt) or man-made, to prevent disruption to the flow of water. Blockages can lead to flooding, erosion, or pollution of the watercourse. It’s essential to monitor and maintain it regularly to avoid these issues. The Environment Agency offers detailed advice on how to manage watercourses effectively.
Maintain the banks and bed of the watercourse
You are responsible for the upkeep of the banks and bed of the watercourse that passes through or borders your property. This includes any flood defences already in place. Well-maintained banks help prevent erosion and flooding, while a stable riverbed allows water to flow naturally without causing damage to the surrounding land.
Ensure natural water flow
You are required to allow the natural flow of water from upstream and ensure it can pass downstream without obstruction, pollution, or diversion. If you cause a blockage or diversion of the flow, you could be liable for any resulting flood damage. This applies to both water from neighbouring land and water leaving your property.
Maintain structures in the watercourse
If your stretch of the watercourse includes any structures such as culverts, weirs, or mill gates, you are responsible for maintaining them. Regular inspections and repairs are crucial to prevent these structures from causing blockages or damage, which could increase flood risk. Consult with the National Flood Forum for additional resources on managing flood defences effectively.
Additional resources
Riparian ownership guidance
The Environment Agency provides comprehensive guidance on riparian ownership, including your rights and roles. For more details, visit their official riparian ownership page to understand the legal framework and best practices.
Legal obligations under the Land Drainage Act
Under the Land Drainage Act, riparian owners must ensure that any activities on their land do not obstruct water flow or increase the flood risk to neighbouring properties. This legislation outlines the legal responsibilities of landowners regarding water management.
For further information, you can consult the Lead Local Flood Authority, Internal Drainage Board or Environment Agency for full legal guidance and expert advice on maintaining watercourses and managing flood risks effectively.
Riparian ownership explained
Take a look through the following riparian ownership leaflet to understand what your responsibilities as riparian owner are.