Access - Revision history

Ianh: Tidy

2011-01-16T18:09:10Z

Tidy

Ianh: Tidy and add refs

2011-01-16T18:02:58Z

Tidy and add refs

Ianh: Move access overview out of 1 star course overview

2011-01-16T18:02:21Z

Move access overview out of 1 star course overview

New page

This applies to flowing water (rivers) which passes over private land:

==== Rivers ====
Landowners own the land and have a right to take water and certain things from the water. They have a right to stop people from going on their land - i.e. trespassers.

According to Douglas Caffyn and published in The Right of Navigation on Non-tidal Rivers and the Common Law, they do not own the water, therefore if you can get down the river without touching the bank, bottom or rocks sitting on the bottom then no trespass. You will also need to either access the river from public land or land to which you have negotiated access. As no one owns the water an access agreement is not needed unless it deals with access to and egress from the water. You need this to touch the banks.
We understand that Canoe England support this view if river access in England and Wales.
Paddlers are advised by Canoe England to make their own decision as to when and how to enjoy their English river heritage appropriately, based on environmental considerations.

Canals / Navigations - these are owned and managed by the relevant water authorities and you need a permit to use them. BCU membership covers many of these - though some offer permits individually instead or as well - check before you paddle.

==== Lakes and ponds ====
Lakes/ponds and enclosed bodies of water - they are owned by whoever owns the land under them (difference that flowing water)

==== Costal ====
Coastal tidal - anyone can use but need to check who owns landing sites - access and egress (this is why no permit needed up to Teddington on the Thames as that is the tidal limit.

@@ Line 1: / Line 1: @@
 ===Rivers===
-This applies to flowing water (rivers) which passes over private land:
+For flowing water which passes over private land, the landowner owns the land and has a right to take water and certain things from the water.  They have a right to stop people from going on their land - i.e. trespassers.
 According to Douglas Caffyn and published in The Right of Navigation on Non-tidal Rivers and the Common Law, they do not own the water.
@@ Line 12: / Line 12: @@
 Paddlers are advised by Canoe England to make their own decision as to when and how to enjoy their English river heritage appropriately, based on environmental considerations.
-Canals / Navigations - these are owned and managed by the relevant water authorities and you need a permit to use them.  BCU membership covers many of these - though some offer permits individually instead or as well - check before you paddle.
+===Canals and Navigations===
 ===Lakes and ponds===

@@ Line 1: / Line 1: @@
 This applies to flowing water (rivers) which passes over private land:
 Landowners own the land and have a right to take water and certain things from the water.  They have a right to stop people from going on their land - i.e. trespassers.
-According to Douglas Caffyn and published in The Right of Navigation on Non-tidal Rivers and the Common Law, they do not own the water, therefore if you can get down the river without touching the bank, bottom or rocks sitting on the bottom then no trespass.  You will also need to either access the river from public land or land to which you have negotiated access.  As no one owns the water an access agreement is not needed unless it deals with access to and egress from the water.  You need this to touch the banks.
+According to Douglas Caffyn and published in The Right of Navigation on Non-tidal Rivers and the Common Law, they do not own the water.
-We understand that Canoe England support this view if river access in England and Wales.
+Therefore, if you can get down the river without touching the bank, the bottom or rocks sitting on the bottom then there is no trespass.
 Paddlers are advised by Canoe England to make their own decision as to when and how to enjoy their English river heritage appropriately, based on environmental considerations.
 Canals / Navigations - these are owned and managed by the relevant water authorities and you need a permit to use them.  BCU membership covers many of these - though some offer permits individually instead or as well - check before you paddle.
-==== Lakes and ponds ====
+===Lakes and ponds===
-Lakes/ponds and enclosed bodies of water - they are owned by whoever owns the land under them (difference that flowing water)
+Lakes, ponds and enclosed bodies of water are owned by whoever owns the land under them (different from the case for flowing water).
-==== Costal ====
+* [http://www.bcu.org.uk/our-sport/getting-started/where-to-paddle/ Where to Paddle on BCU web site]
-Coastal tidal - anyone can use but need to check who owns landing sites - access and egress (this is why no permit needed up to Teddington on the Thames as that is the tidal limit.
+* [http://www.riversaccess.org/ Rivers Access Campaign] - web site funded by Canoe England