Drainage and ditches

The term “riparian owner” refers to anyone who owns property alongside a watercourse. Under common law, the riparian owner has certain rights and responsibilities appertaining to the length of watercourse, which falls within the boundaries of their property. Where a watercourse forms a boundary between adjacent properties, it is normally presumed that a riparian owner owns up to the centre-line of the watercourse, unless there are records or agreements to prove otherwise.

Riparian owners are responsible for:

1. Accepting water from the section of watercourse owned by their upstream neighbour and transferring this flow without obstruction, pollution or diversion to the neighbour immediately downstream.
2. Accepting flood flows through their land. It is important to note that there is no common law duty to improve a watercourse.
3. Carrying out, at their expense, any necessary maintenance of the bed and banks of the watercourse to the satisfaction of the relevant Land Drainage Authority.* This includes the clearance of any debris, natural or otherwise, even if it did not originate from their land.
4. Keeping the bed and banks clear of any matter that could cause an obstruction if washed away during storms. Watercourses and their banks must never be used for the disposal of any form of garden or other waste.
5. Keeping clear any structures that they own, e.g. culverts, screens, weirs, mill gates
6. Any failure to carry out these responsibilities could result in civil action from others

* for main rivers this is the Environment Agency and for non-main rivers this is Reigate & Banstead Borough Council.

Riparian owners have rights to:

1. Receive the flow of water in its natural state
2. Protect their property against flooding
3. Prevent erosion of the banks of their watercourse, subject to the necessary consent
4. Fish by legal methods with a licence
5. Abstract a maximum of 20 cubic metres of water per day for domestic or agricultural use, excluding spray irrigation without a licence.  A licence is necessary for any other type of abstraction.

Before undertaking any works to or within nine metres of an existing non-main river watercourse, Land Drainage Consent is required by this Authority under their Land Drainage Byelaws 2001. 

Application forms for consent can be obtained from Engineering Services, telephone: 01737 276 000. In some cases consent from the Environment Agency is also required.