Riparian rights and responsibilities.

As a landowner you have certain rights and responsibilities in relation to the watercourse flowing through or adjacent to your property. These "riparian rights" are based on common law and have been defined as a result of legal cases over many years. These rights are not absolute, however, and you may, in any event, have to obtain consent from the Environment Agency, Local Authority, or other body for certain activities connected with the watercourse.

Your rights

<> You are presumed to own the land up to the centre of the watercourse, unless it is known to be owned by others or yourself in its entirety.

<> You have the right to receive flow of water in its natural state, without undue interference in quantity or quality.

<> You have the right to protect your property from flooding, and your land from erosion. You will in most cases need the prior consent of the Environment Agency for any work.

<> Before starting any work on or adjacent to a watercourse, you must submit plans of what you propose to the Environment Agency and the Local Authority to determine whether you require an Environment Agency consent and/or planning permission. If the work affects sites of known conservation or archaeological value, you may need further permissions from the relevant English Authorities. Environmental issues, including flood risk, wildlife conservation must also be considered.

Your Responsibilities

<> You have the responsibility to pass on flow without obstruction, pollution or diversion affecting the rights of others

<> You have the responsibility to accept flood flows through your land, even if caused by inadequate capacity downstream, as there is no common law duty to improve a watercourse.

<> You are responsible for maintaining the bed and banks of the watercourse (including trees and shrubs growing on the banks), and for clearing any debris, natural or otherwise, including litter and animal carcasses, even if it did not originate from your land. Braintree District Council can give you advice on the removal of animal carcasses.

<> You must not cause any obstruction to the free passage of fish.

<> You are responsible for keeping the bed and banks clear of any matter that could cause an obstruction, either on your land or by being washed away by high flow to obstruct a structure downstream.

<> You are responsible for keeping clear any structures that you own such as culverts, trash screens, weirs and mill gates.

<> Failure to carry out your responsibilities could result in possible civil action from others.

If you require any further information please contact Braintree District Council and ask for a copy of a booklet entitled "Living on the edge".

Many theories are being put forward as to why we are experiencing flooding. We are told many times by members of the public that it is to do with "Global Warming", well that may be partially to blame however there are many more reasons.

The main reason is the disappearance and maintenance of watercourses (ditches). Whilst you may feel that the ditch running beside your property is of no consequence, ugly or no longer required you couldn't be more wrong.

All ditches are important and they all serve a purpose. Not all ditches are "wet" ditches, they may only become wet when they are required to drain the surrounding area, be it your garden, a field, or the highway.

A ditch can be a thing of beauty and with the modern trend of water gardens can be used to enhance your garden. Watercourses are an attraction for wildlife and will attract it in from many miles. Unfortunately people always associate ditches with rats, and this may be true with unkempt dirty ditches.

Our land drainage officer will be only too willing to offer you advice about improving a watercourse. We must however remind you that to carry out any works within a watercourse would normally require Environment Agency consent in writing. Not obtaining this consent may be unlawful.