Homeowners in Cambridgeshire are facing unexpected costs after being informed they are responsible for maintaining a stream near their properties, due to a centuries-old law regarding riparian responsibilities. The case highlights potential issues with property disclosure and council maintenance responsibilities.
Homeowners in St Neots, Cambridgeshire, are facing unexpected five-figure bills after Cambridgeshire County Council invoked a centuries-old law relating to riparian responsibilities. Graham Ottaway, 76, discovered he and his neighbours are now responsible for maintaining a stream near their properties, including the waterway itself and surrounding vegetation.
This responsibility, stemming from common law dating back to Ancient Rome, means homeowners are liable for blockages, flooding, pollution, and wildlife protection. Failure to comply could lead to prosecution under legislation like the Public Health Act 1936 and the Land Drainage Acts. Mr. Ottaway argues he was never informed of these responsibilities during the property purchase nine years ago, and they were not disclosed in the deeds or by his conveyancer.
He fears the cost of maintaining mature trees and preventing potential issues like fallen branches could reach tens of thousands of pounds. He questions the council’s selective enforcement of the law, noting inconsistencies in which properties are being held accountable along the stream. While riparian landowners have certain entitlements, they also bear the burden of upkeep, a fact often unknown to new homeowners.
The council’s letter demands vegetation and debris removal by a specific date, citing the risk of flooding and pollution. The situation raises concerns about transparency in property transactions and the potential for councils to shift maintenance costs onto residents. Mr. Ottaway believes the council is attempting to avoid the financial burden of stream maintenance by assigning it to homeowners.
He highlights the lack of consistency in applying the riparian law, with some properties on the opposite bank of the stream and at different points along it being exempt from the same obligations. This has led to questions about fairness and the potential for widespread application of similar laws by other local authorities, potentially impacting homeowners across the country. The case underscores the importance of thorough due diligence during property purchases and the need for clear disclosure of riparian responsibilities
Riparian Rights Homeowners Council Maintenance Ancient Law
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