Property boundary - stream

[Dylan123]

Hi.

My house has a stream to the back and my back garden backs on to it.

When I bought the house there is a fence about 3m back from the edge of the stream.

the stream has a brick wall round it and it’s part of the main drainage for a residential area - it’s not a trickle, the area would and has flooded without it.

the next door neighbour built all the way up to and on top of the wall. Others have done similar. Most haven’t. My guess is when it was built in the 30s, they left a gap.

so I can’t find anything on the deeds except a picture which shows a tiny gap but virtually nothing.

my fence blew down and I’m considering doing what he did next door and extending my garden up to the wall.

Are there any protocols in place? The water board sent me a letter saying they are checking the upkeep of the stream, walls etc. They said i had responsibility to keep it in shape but they would make repairs anyway.

I wonder does this mean it’s kind of my property right up to and including the wall?

Any ideas?

 

[HERTS P&D]

It will help if you could post some pictures.

Andy

 

[Dylan123]

Ok so just to explain, the water board say I am a “riparian” owner, so I am convinced the land is mine. I couldn’t be responsible for land I don’t actually adjoin.

 

[Dylan123]

It will help if you could post some pictures.

Andy

here’s my garden. As you can see my neighbour to the right has built all the way.

the maps of the area show a gap. You can see the foundations of the old wall - that’s marked on the map.

however, the environment agency say I’m riparian owner because my land adjoins the brook.

I’m confused.

I can’t show it but other houses on the map join straight on the brook. It’s basically me and next door who have the gap.

I’m guessing this is just how the builders build the wall, they didn’t bother landscaping it up and left it as dead ground.

 

[Dylan123]

It will help if you could post some pictures.

Andy

oh, here’s the only local maps I’ve seen from the initial stuff I got from the solicitor and other places like the water board. I’ve marked my house in yellow

there is nothing underneath - sewer or water is nowhere near it. Just dead ground

 

[conny]

This is what Google throws up regarding Riparian Owners.

https://www.lexisnexis.com/uk/lexis...0-00/Riparian_rights_and_obligations_overview

 

[Dylan123]

This is what Google throws up regarding Riparian Owners.

https://www.lexisnexis.com/uk/lexis...0-00/Riparian_rights_and_obligations_overview

Ah so I may have responsibility even if I don’t boundary it

that begs the question, who owns the land?

I am leasehold. It’s a “ground rent” of £6 a year. Weird, but common in Bristol.

perhaps it’s the land of the freehold company.

I have a 3000 year lease

 

[bernardgreen]

Ah so I may have responsibility even if I don’t boundary it

Most probably, we were riparian owners of a stream that was the boundary of our land.

We had to build this wall to prevent erosion of our bank. This erosion was due to the owner on the other side stopped maintaining their bank and allowing undergrowth into the stream which forced the flow against our bank.

I your case I expect the strip of land is owned by the freeholder who may expect or require you as riparian owner to protect his strip of land from erosion.

Are there any covenants regarding the stream listed in the deeds / lease of your house ?

 

[^woody^]

I couldn’t be responsible for land I don’t actually adjoin.

In the case of water courses you could.

 

[HERTS P&D]

Thanks for the pictures Dylan, I would put up a new fence in line with your neighbours and not worry about it.

Andy

 

[Alec_t]

Any luck with fishing in the brook?
"A riparian owner also has the sole right to fish in the water within their boundary." according to that Google link.

 

[Tigercubrider]

With regards to being responsible for something outside your land, the University near me is in the grounds of what was once a large country estate. There's a large artificial lake and it ends in a dam that's got a public road on it. On the other side of the road, was another big house, demolished, and also some council allotments.

On the side of the demolished house, the new owners built a care home and cut down/removed loads of trees-this caused the dam to start to slip and all works stopped.

The outcome was that the university, care home and council were all responsible for the repair (millions) and later the university and council sued the care home. This was because all three bordered the lake.