In England and Wales it cannot be assumed there is a public right for access to and along non-tidal waters. 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 license 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 unregulated 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. For information on Trespass.
The legal histories background to the law on access as described has caused independent opinion that the law is unclear. In 1973, the Select Committee of the House of Lords on Sport & Leisure stated “The legal question of rights of way over water must be settled. A number of different interpretations of this right of way have been referred to in evidence and it is time for these to be resolved”
More recently, a series of access studies and historical research as reported elsewhere in this section has raised further uncertainties on the Law; and resulted in restrictive policies for recreational access to many inland waters.
The law is different in Scotland where the Land Reform (Scotland) Act 2003 applies and the Scottish Canoe Association can advise.