Riverside properties can be extremely attractive to purchasers, offering scenic beauty, potential for private moorings for direct water access, and peaceful settings in nature that can boost mental wellbeing. Being extremely desirable, they can command premium prices and hold potential for financial profit upon resale. However, with all of the benefits come a number of issues, due to planning and environmental considerations. In this Keynote, our Residential Property partner Felicity Sergeant outlines what you should think about before purchasing a riverside property.

Riparian ownership

Riparian ownership refers to the ownership of land adjacent to or encompassing a watercourse. A watercourse can be any channel through which water flows, whether a natural or artificial feature, and includes rivers and streams, ditches, culverts or underground pipes, and drains. Buying a riparian property means you will become a riparian owner, giving you specific legal rights and responsibilities. Here are some to consider:

Legal rights

  • Access and use: You will have access to and the right to use the water. This can mean benefitting from enjoyment of the water and its surroundings through recreational activities such as walking, swimming, and kayaking or using the water for domestic purposes such as garden irrigation.
  • Fishing right: You may be eligible for a licence to fish in the stretch of water that you own subject to a rod licence and you will need to check how to obtain such a rod licence and whether there will be any restrictions.
  • Mooring rights: You will need to ensure that any planning permission requirements are complied with, specific to your use and location. You will also need to comply with waterway authority regulations for a boat licence and insurance.
  • Ownership of the riverbed: Non-tidal and tidal rivers have different ownership rights, so it will be of key importance to know what kind of river the property you are buying is on.
  • Ownership to midpoint: Unless otherwise stated in your title deeds, you usually own the land up to the centre of the watercourse

Legal responsibilities

  • Maintenance: You will need to maintain the watercourse on your land (including the bed and banks). This may mean a financial outlay on a regular basis and you should factor this into your calculations.
  • Allowing natural flow: You must not block, divert, or impede the natural flow of the watercourse, nor allow anything to enter it that could cause pollution or increase flood risk downstream.
  • Preventing nuisance, flooding, erosion, and pollution: You should take reasonable steps to ensure your use of the watercourse does not cause flooding or erosion to neighbouring properties or pollute the water or disturb wildlife.
  • Flooding: Under the Flood and Water Management Act 2010, Lead Local Flood Authorities are responsible for local flood risk strategies and asset registers. As the property owner, you will have a responsibility to reduce the risk of flooding. If the riverbed is subject to flooding during periods of heavy rainfall, it may also make insurance more difficult and/or expensive to obtain.
  • Pollution: You will be required to prevent pollution in the waterbed, meaning you should not discharge waste or chemicals into it. Under the Environmental Permitting Regulations 2016, it is an offence to discharge polluting matter into a watercourse without a permit, and it is a strict liability offence, so intent is not necessary for a conviction. If convicted, penalties can include unlimited fines, imprisonment, and the cost of any clean-up.
  • You should also ensure that you prevent invasive species such as Japanese Knotweed, Himalayan Balsam, or Giant Hogweed from spreading.
  • Obtaining consent: Any works in or near the watercourse (e.g. installing structures, altering banks, or diverting flow) may require prior consent from the Environment Agency or your local authority.
  • Privacy: You should check whether the river is accessible by the general public for paddleboarding or canoeing. Some purchasers may see this as a loss of privacy; others may want the benefits it may bring.

Properties overlooking a river, stream, or lake can seem like a tranquil and calm space; however, there are potential issues, responsibilities, and difficulties that you may encounter during and after the buying process. Clear advice from a property specialist experienced in the purchase of waterside properties will enable you to maximise the value of any rights, understand the nature of your responsibilities, and avert issues and expense further down the line.

If you have questions or concerns about buying a riverside property, please contact property lawyer Felicity Sergeant.