[h=1]Riparian water rights[/h]
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riparian rights, following the Conquest, were originally based on English common law, but for the most part have been replaced by statutory law. For example, in Alberta all common law right except accretion have been replaced by statutory rights and obligations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
| Property law |
|---|
| Part of the common law series |
| Types |
| Acquisition |
| Estates in land |
|
| Conveyancing |
| Future use control |
| Nonpossessory interest |
| Related topics |
| Other common law areas |
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
