Q:I want to buy a development site which abuts a non-tidal river. Will I be responsible for any part of the river ?

April 1, 2002
In the case of non-tidal rivers, the riverside owner (known in legal terms as a &amp;“riparian owner&amp;”) is presumed to own the land up to the centre of the river unless it is known to be owned by others. Before starting any work on or adjacent to the non-tidal river you must submit plans of your proposals to the Environment Agency and the local authority. If the water course is of known conservation or archaeological interest, you may need further permission from relevant authorities. Environmental issues, including flood risk, wildlife conservation, fisheries and reshaping of the river and landscape must all be considered. You will be responsible for :-<p></p><p> * maintaining the bed and banks of the river (including trees and shrubs growing on the banks); and</p><p> * keeping clear any structures that you own such as culverts, trash screens and weirs</p><p>A third party may take a civil action against you if you do not comply with these responsibilities. If you are proposing to have a management company to maintain common parts of your development then you should ensure that they are set up to carry out necessary maintenance works to the water course. Alternatively you can pass this responsibility …

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