Riparian responsibilities/rights
If your land is next to a watercourse, then you have a responsibility to keep it free of rubbish and vegetation to ensure that the flow is maintained. You share that responsibility with whoever owns the property on the other side of the watercourse. This responsibility still exists even when your property is separated from the watercourse by a fence.
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Spelthorne Council is a riparian owner for watercourses running next to public land and, together with our land neighbours, we undertake regular maintenance works just that same as that of any other riparian owner. If your property borders that of a park or other public land, you have a responsibility for the half of the watercourse which borders your land.
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The Environment Agency has powers to enforce these responsibilities. For further information, they produce a leaflet called “Living on the Edge” (external website). You can obtain a copy of this from the Environment Agency or Spelthorne Borough Council.
If you plan to build on or near a ditch, you must get permission from the Environment Agency before you do this. If you build without permission, you may be interfering with the natural waterflow and this will increase the risk of flooding to your property or your neighbour’s. The Environment Agency will take legal action against you and you will be required to remove the structure. This applies even if the ditch appears to be dry.