The issue of river boundary changes for landowners in the UK
When a landowner is in possession of land that abuts a non-tidal river, the question may arise as to what happens if the course of the river boundary changes on the ground and no longer matches what is recorded at the Land Registry or on the original conveyance or transfer by which the land was acquired.
David Cosby Chartered Surveyors were recently faced with this question when undertaking a survey of a residential property which abuts the river Stowe, near Southam.
River boundary changes – Doctrine of Avulsion
The answer depends on how the movement of the river occurred. If the change in the course of the river is caused by a sudden, one-off event, such as a large flood or storm resulting in a permanent alteration to the river’s route, the doctrine of avulsion will apply. This doctrine provides that the boundaries remain as recorded at the Land Registry, regardless of the fact that the river is now in a different place.
River boundary changes – Doctrine of Accretion and Diluvion
However, if the change to the course of the river has taken place steadily over a period of time and has been gradual and imperceptible, the doctrine of accretion and diluvion will apply. This doctrine provides that where a river boundary moves gradually, the boundary of a landowner’s title will be deemed to move with the river, meaning that the extent of the landowner’s title may increase or decrease, but the river will always define the boundary.
Legal Presumptions
In either case, issues can arise when the position on the ground does not match the presumption. For example, if one landowner has owned the land to the east of the river, and a neighbouring landowner has owned the land to the west, the river has moved, and the extent of land to the east of the river has increased. Under the doctrine of accretion and diluvion, this additional land is deemed to belong to the eastern landowner. However, in practice, the western landowner may have occupied this additional land with no objection from the eastern landowner.
In these circumstances, the eastern and western landowners would be well advised to record the fact that the presumption of accretion and diluvion does not apply, and that the land is in fact deemed to comprise part of the western landowner’s title. This can be recorded by way of an agreement, registered on both their titles at the Land Registry. Without any such agreement, issues may arise when one of the landowners comes to sell, or if the land changes hands for any other reason.
Legal advice and accurate registration with the Land Registry
It is therefore apparent that changes to the course of a river can have significant implications for landowners, particularly where the boundaries on the ground no longer reflect what is recorded at the Land Registry. The application of different legal doctrines will depend on how the change occurred, with the doctrine of avulsion applying in cases of sudden, one-off events and the doctrine of accretion and diluvion applying in cases of gradual and imperceptible change. Landowners should be aware of these legal presumptions and take steps to record any agreements between them at Land Registry to avoid potential disputes down the line. As with all legal matters, seeking professional advice from a qualified lawyer is strongly recommended to ensure that your interests are protected.
We hope you have found our article useful and informative. Our sales and lettings team here at David Cosby has legal and surveying expertise to ensure you receive the highest standard of service and the best professional advice on all your property-related matters. Whether you are renting, letting, buying, selling a property, or simply have a property-related question, please call us on 01327 361664 or visit our website at davidcosby.co.uk.