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JK: Why we own part of Lake Nyasa

Discussion in 'Jukwaa la Siasa' started by siyabonga, Sep 4, 2012.

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    siyabonga Senior Member

    #1
    Sep 4, 2012
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    [h=1]Riparian water rights[/h]



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    [TH]Property law[/TH]
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    [TD]Part of the common law series[/TD]
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    [TH]Types[/TH]
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    [TH]Acquisition[/TH]
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    [TH]Estates in land[/TH]
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    [TH]Conveyancing[/TH]
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    [TH]Future use control[/TH]
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    [TH]Nonpossessory interest[/TH]
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    [TH]Related topics[/TH]
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    [TH]Other common law areas[/TH]
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    [TD="align: right"]

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    Riparian water rights (or simply riparian rights) is a system for allocating water among those who possess land about its source. It has its origins in English common law. Riparian water rights exist in many jurisdictions with a common law heritage, such as Canada, Australia, and states in the eastern U.S.

    General principle
    Under the riparian principle, all landowners whose property is adjoining to a body of water have the right to make reasonable use of it. If there is not enough water to satisfy all users, allotments are generally fixed in proportion to frontage on the water source. These rights cannot be sold or transferred other than with the adjoining land, and water cannot be transferred out of the watershed.
    Riparian rights include such things as the right to access for swimming, boating and fishing; the right to wharf out to a point of navigability; the right to erect structures such as docks, piers, and boat lifts; the right to use the water for domestic purposes; the right to accretions caused by water level fluctuations. Riparian rights also depend upon "reasonable use" as it relates to other riparian owners to ensure that the rights of one riparian owner are weighed fairly and equitably with the rights of adjacent riparian owners

    Canada
    Canadian riparian rights, following the Conquest, were originally based on English common law, but for the most part have been replaced by statutory law. For example, in Alberta all common law right except accretion have been replaced by statutory rights and obligations


    Wakuu: Wapeni desa hili wakasome hao wanaojadili kuhusu mgogoro wa mpaka Ziwa Nyasa. Wachanganye na hizi1
     
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    siyabonga Senior Member

    #2
    Sep 4, 2012
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    Wakuu, hii imetolewa na wadau wenye uchungu katika kinachoendelea kuhusu mgogoro wa mpaka Ziwa Nyasa.

    Tatizo hili yawezekana na jipya kwa Tanzania, laiki ni mambo ambayo yamewahi kuaipata Nchi nyingine pia kama vile USA, AUSTRALIA, CANADA,etc. Aidha, hatma yake imeandikwa kwa kirefu katika vitabu vya maarifa; Great Thinkers mnavifahamu: ENCYCLOPEDIAS.

    Nawaomba mnaowafahamu wahusika katika negotiation, iwapo hawajaupata, wapewe nyongeza hizi:-

    SOURCE:
    WIKIPEDIA, THE FREE ENCYCLOPEDIA
    KNOWLEDGE IN DEPTH
    (REDIRECTED FROMRIPARIAN RIGHTS)
    JUMP TO: NAVIGATION, SEARCH



    RIPARIANWATER RIGHTS

    Riparian water rights (orsimply riparian rights) are a system for allocating water among thosewho possess land about its source. It has its origins in English common law.Riparianwater rightsexist in many jurisdictions with a common law heritage, such as Canada, Australia,and states in the eastern U.S.
    Common landownership can be organized into a partition unit, a corporationconsisting of the landowners on the shore that formally owns the water area anddetermines its use
    GENERAL PRINCIPLE
    Under the riparian principle, alllandowners whose property is adjoining to a body of water have the right tomake reasonable use of it. If there is not enough water to satisfy all users, allotmentsare generally fixed in proportion to frontage on the water source. These rightscannot be sold or transferred other than with the adjoining land, and watercannot be transferred out of the watershed.
    Riparian rights include suchthings as the right to access for swimming, boating and fishing; the right towharf out to a point of navigability; the right to erect structures such asdocks, piers, and boat lifts; the right to use the water for domestic purposes;the right to accretions caused by water level fluctuations. Riparian rightsalso depend upon "reasonable use" as it relates to other riparianowners to ensure that the rights of one riparian owner are weighed fairly andequitably with the rights of adjacent riparian owners
    The Canada example:
    Canadianriparian rights, following the Conquest, were originally based on Englishcommon law, but for the most part have been replaced by statutory law. Forexample, in Alberta all common law right except accretion have been replaced by statutory rights and obligations
     
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