The Present Legal Situation
May 2008
The following notes refer to England and Wales only. The law is different in Scotland where the Scottish Canoe Association can advise.
The bed and banks of all rivers and canals are privately owned. There is a right of access on all rivers and canals maintained as navigations subject to a payment for a licence where required. Where navigations have been abandoned it can be unclear if there is still a public right of access.
A right of access is known to exist on some other non-tidal rivers based on Common Law and historic use. Known examples are the River Wye below Hay-on-Wye, River Lugg from Leominster and the River Severn between Pool Quay near Welshpool and Stourport. It is not known how such rights might apply to other rivers.
In nearly all cases there is a public right of access on tidal waters. The right may be subject to a payment of harbour dues and restrictions due to security/exclusion zones or use by the Ministry of Defence. The tidal limits on waterways are shown on Ordnance Survey maps.
Going to a private place without actual or implied permission could constitute an act of trespass.
Other information and comment
Scotland and most countries in the world do not have blanket access restrictions to and along inland waters. In these countries, access to large and small non-tidal rivers is open to all.
There is very little, if any, conflict between landownership, other water interests and users where each has legal rights.
Uniquely, the public cannot assume there is an automatic right of access to rivers in England and Wales. It is both uncertain and problematic when:
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From 70,600km of inland waterways in England and Wales, 66,000km are without public access (“Water based sport & recreation; the facts 2000”, University of Brighton).
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This represents over 96% of the river systems.
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The legal situation is unfavourable for access.
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Owners of riverbeds and banks have riparian property rights, but do not own the water.
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Riparian owners can exercise control over access to inland waters where there is not a right of access.
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Research has revealed that prior to 1830, it was generally accepted the public as a right had historically used rivers. Legal opinions since that time have continued to diminish this acceptance and created a lack of certainty for such a right. There is strength of evidence to conclude that a right to use inland waterways under Common Law has been usurped in the last 180 years.
The case for more access to inland waters
In contrast to inland waters there is a public rights of way network with over 200,000km of footpaths, bridleways and other public routes, for all to use. Inland waters should be regarded in the same way as recent research indicates they were in the past. The Government has a range of agendas for increasing access to the countryside and coastline, physical exercise, improving health and outdoor education and developing the rural economy. Paddlesport can support these aims by using the natural resource of inland waters.
Coastal Access
The lack of clarity about access to the English coast line is also a problem for canoeists. Exploring the coastline by kayak or canoe can take you to the most exciting places and beautiful scenery that are unavailable by foot. Canoes and kayaks are an ideal platform for exploring the coastline and watching wildlife.
The kayak is an ideal craft to meander around and look at life from a different angle. One can also discover places that can not be reached by foot.
Legislation for access to the Coast in England
The Secretary of State for the Environment, Food and Rural Affairs, the RT Hon Mr Hilary Benn has announced that the Government would be using legislation to create better access to the English coast. The details of how and when the legislation will work are yet to be confirmed but Canoe England, along with a number of recreational organisations have been lobbying hard for a coastal access corridor.
The Coastal Access Corridor is Canoe England’s preferred option because it:
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Promotes health and well-being by allowing people access to a more complete coastal experience.
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Provides access to enjoy a whole range of recreational activities that would be restricted if access was simply given to a coastal path.
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Includes measures to improve and conserve biodiversity along the English coast, allowing for adaptation as our coastline changes.
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Gives clarity of access to the land and shore from the sea
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Guarantees permanent rights on foot to responsible recreation for all.
Canoe England members displaying their boat licence can use many of the statutory navigations and canals. Information on where the boat licence can be used is shown elsewhere under Recreation and the Canoe England web site www.canoe-england.org.uk.