Riparian Rights - what are the risks and responsibilities when buying a riverside home?

Living near water, whether a lakeside or riverside property, can offer numerous benefits, but also comes with its own set of risks. Landowners whose land abuts a natural watercourse or has natural water which runs through the land are known as “riparian owners”.

In the absence of any specific indications in the title document for the land, riparian owners generally enjoy the presumption that they own the land up to the centre line of the watercourse.

Riparian owners typically bear full or partial responsibility for watercourses or culverted watercourses that pass through their land. Their main duty involves ensuring that these watercourses remain unobstructed to maintain a natural water flow without hindrance.

To fulfil their responsibilities, landowners should:

• keep the banks free from obstructions that could heighten the risk of flooding;

• take responsibility for maintaining both the bed and banks of the watercourse, including the trees and shrubs growing in the banks;

• stop pollutants entering the water;

• clear any debris or litter from the channel and banks, irrespective of where it originates from; and

• seek permission from the  relevant Risk Management Agency prior to carrying out any works.

The rights of riparian owners include:

• the right to safeguard a property from flooding, although it is typically necessary to have plans approved by the relevant risk management authority before commencing the work;

• the right to receive the follow of water on its natural, unaltered state;

• potential legally permitted fishing rights; and

• potential domestic water extraction up to a specified amount.

What to consider:

1. Insurance Complexities: Riverside properties are considered to be an elevated risk to insurance companies. Providers may impose higher insurance costs (premium or excess), restrictions on flood coverage or in some cases a refusal to offer coverage.

2. Flood Hazards: The most prominent risk associated with riverside living is the potential for flooding. While not all rivers flood, those that do can cause extensive damage to properties and their contents. It is vital that professional searches are undertaken to assess the flood risk in the area.

3. Obtaining a Mortgage: Mortgage finance secured on the property may be more or costly difficult to obtain.

4. Planning Permission: Undertaking works on a watercourse can require planning permission. A prospective purchaser or their representative should consult with their Local Authority.

5. Maintenance Budget: Prospective buyers must be prepared for increased maintenance costs, including erosion, control, landscaping and flood defences.

6. Access Rights: Buyers must determine: whether the property has vehicular access and verify whether the property has river mooring rights. 

Owning a riverside property can be a rewarding investment or offer a tranquil retreat. However, it is essential that prospective buyers are well advised on the potential risks, particularly those associated with flooding and insurance.

If you require guidance or support regarding purchasing a property near a river, or you are an existing owner of a riverside property and have enquiries about your legal rights and obligations, please contact our Residential Property team on 0333 577 2250.