As a UK homeowner, you have certain property rights and responsibilities.
Drainage rights come under both of these categories.
Read on to learn more.
An overview of drainage rights
Drainage rights typically refer to landowners’ ability to manage and discharge water.
Some things may be forbidden, or permitted, depending on the circumstances.
They are often especially important in rural areas, where there are a relatively high number of natural water sources.
The Land Drainage Act 1991 outlines most of the law in this area.
For example, you must maintain streams and rivers on your land to ensure that water isn’t disrupted (which could lead to flooding).
Drainage rights may also encompass the right to use water for specific purposes.
For instance, whether you’re allowed to fish in a stream on your land would be covered. Your right to take water from a local river is another example.
Riparian rights
Riparian rights are a type of drainage rights that apply to landowners whose property borders natural waters such as a river or lake.
It covers:
- Taking a certain amount of water for domestic use,
- Protecting land from erosion
- Passing on the water undiminished in quantity and quality.
- Maintenance of the riverbanks and riverbeds.
Drainage rights scenarios
You want to discharge water on your land
This is probably the most common example.
It comes up if there’s surface water on your land, or you want to discharge water into the land.
You need to determine whether you can do this and whether there are any restrictions relating to quantity or location.
A neighbour damages your land using water
If a neighbour intervenes with a natural water source, and damages your land, then you have rights in this scenario.
You could be able to act and get financial compensation. Likewise, you can typically prevent someone from discharging water onto your land as well.
A landowner generally has the right to let naturally occurring surface water flow down their property and onto a neighbour’s land.
But this is under the condition that it doesn’t cause any damage. As soon as it does, the neighbour could take action.
A water body crosses between two plots of land
You must understand your drainage rights when a body of water crosses between two plots of land.
What must you do, and what does your neighbour have to do?
Public Liability Insurance
Drainage rights can become highly relevant when landowners in rural areas attempt to obtain public liability insurance.
Farms and other agricultural organisations will often take this out.
And some specialist insurance companies also offer land insurance. At this point, drainage rights will likely become relevant.
Potential consequences of break drainage rights
A neighbour can take legal action against you if you infringe on their drainage rights. This could be because you’ve damaged their land or property.
Or perhaps you’ve interfered with their right or ability to drain water from their land.
There may also be an easement associated with the land.
If you lose this case in court, Financial penalties are the typical punishment.
It’s not only a neighbour who can sue you for breaking drainage rights. The local council could, too.
Upcoming updates to drainage rights prosecutions
In April 2025, it was reported that Water (Special Measures) Act will allow the prosecution of water company employees who obstruct investigations into drainage rights breaches.
They could face jail sentences of up to two years. And directors and executives can also face charges if it’s proven they were complicit or negligent.
To date, only three people have ever been prosecuted for obstructing Environment Agency investigations into illegal sewage spills in England. And none of these received fines!
How to find out about drainage rights for a property
Speak to your solicitor during searches
This will often be covered in the searches done by your solicitor when you first buy a property.
If you’ve got a particular interest in this area, raise it to them, so they can gather all the information you need.
And check whether these documents offer insight, if you’ve already moved in.
Local water body or council
You could also check with the local water body or council.
There’s no guarantee that they’ll give a quick response, but they should have the key information.
Title deeds
Your property title deeds will also offer some guidance, especially over boundaries between different plots of land.
This allows you to double-check that water hasn’t been discharged on your land.
It ensures that everyone takes care of their part of the water source, if applicable.
Purchase drainage rights
You can purchase drainage rights on a piece of land. They aren’t necessarily set in stone – you may be able to adjust them.
Deeds and easements are two legally binding documents that can change drainage rights.
If you and a neighbour agree to this, you may want to get the documents drawn up. A payment can be made if one of you is benefitting.
As long as this is all proven by legal paperwork and updated on the Title Deeds, you might not have a problem.
Speak to a solicitor who can guide you, and advise on compliance with local authorities.
