Riparian owners are responsible for the land drainage of their own land and for accepting the material water flow from the adjoining land.

Riparian owners also have responsibilities towards neighbouring property and whilst they have the right to discard material water flows from their land to adjoining land, this should not be done in a negligent or wilful manner.

Riparian owners are normally responsible in full or part for watercourses or culverted watercourses passing through or adjoining the boundaries of their land. Their primary responsibility is to keep these clear of any obstructions which would impede the normal water flow.

Often when a watercourse is situated on the boundaries of separate land ownerships, each adjoining owner shares responsibility.

A riparian owner is not permitted to construct any structure or works such as bridging, culverting, diverting, infilling or creating a pond in, under or over a watercourse which is likely to affect the water flow without prior consultation with the district council and the Environment Agency.

Legal implications

Where flow in an unclassified watercourse is obstructed and causing problems, Warwick District Council can require owners, if considered necessary, to carry out clearance work in accordance with the Land Drainage Act 1991. Normally however a resolution will first be sought by negotiation.

Whilst having the responsibility for upkeep, a watercourse owner is not permitted to construct any structure in, under or over a watercourse which is likely to affect the flow without the prior consent of the Environment Agency in accordance with the Land Drainage Act 1991.

Culverting, in-filling, bridging or creating a pond on any watercourse should not be undertaken until the Environment Agency and District Council have been consulted and any necessary consent obtained. Any increase or decrease in flow, diversion of flow, blockage of flow or other alterations which damage adjoining land, or the owner's rights, could result in private legal actions and claims for damages.

Contact information

To contact the district council contractor who acts on behalf of the council in these matters email: FRMplanning@Warwickshire.gov.uk quoting reference: SLA WDC