What is a riparian landowner?
A riparian landowner is the owner of land that is next to a watercourse or has a watercourse running through or beneath it. Usually your house deeds will tell you whether you are responsible for a watercourse.
You are likely to be a riparian landowner if your property/land:
- Has a watercourse running through or underneath it
- Has a watercourse running below it in a pipe or culvert
- Boundary is next to a watercourse (unless it is owned by someone else), or
- Has a garden/fence/hedge with a watercourse running alongside it
As a riparian landowner, you have a number of rights, including:
- To receive a flow of water in its natural state, without undue interference in its quantity or quality
- To protect your property against flooding from the watercourse and to prevent erosion of the watercourse banks or any nearby structures
- A riparian owner usually has the right to fish in the watercourse, provided legal methods are used. A rod licence will usually be required from the Environment Agency
- A riparian owner can abstract a maximum of 20 cubic metres of water per day for the domestic purposes of their own household or for agricultural use (excluding spray irrigation) without a licence. Most other types of abstraction will require a licence from the Environment Agency
You also have a number of responsibilities as a riparian landowner, these include:
- To ensure that water is allowed to flow without obstructions
- To keep the bed and banks clear from obstructions
- To manage vegetation within the channel and on the banks
- To keep any structures, such as trash screens and culverts, clear from debris, silt and rubbish
To reduce the risk of flooding Southampton City Council encourages riparian landowners to work towards an effective watercourse system through a process of co-operation, liaison, advice and assistance wherever possible.
Under the Land Drainage Act 1991
and the Flood and Water Management Act 2010
, Southampton City Council have the powers to serve notice on riparian landowners, for the removal of any obstruction or blockage to an ordinary watercourse. If for any reason these works are not carried out by a riparian landowner, Southampton City Council have the powers to undertake works and recover all associated costs.
The council will aim to resolve all problems through discussion with a landowner in the first instance and enforcement of legislation will only be used as a last resort.