Riparian Rights

Press, Volume CX, Issue 32381, 21 August 1970, Page 10

Riparian Rights

Sir,—As a riparian owner along the Ashburton River I have for many years leased half the riverbed adjoining my property, having been advised by the Lands and Survey Department that it was Crown land. Recently, to my amazement, I received advice from this department that the Chief Surveyor now considers this is not Crown land and that I may possibly claim title to most of the land as accretion to my own land. I am only one of several farmers who have received a notice. Upon inquiry at the Lands and Survey Department I was told that no-one in the department had any clear-cut idea when riparian rights applied. I consider the Chief Surveyor is failing in his duty. If a clear determination cannot be given, then surely it is his duty to make strong recommendations to higher authority for rectification. All farmers adjoining rivers and leasing riverbeds from the Lands and Survey Department would be well advised to obtain legal advice that they are not, in fact, leasing their own land.—Yours, etc., ASHBURTON FARMER. August 17, 1970. [Mr R. A. Innes, Chief Surveyor of the Department of Lands and Survey, replies: “Riparian and other rights associated with a river boundary are an involved subject dependent on common law. Circumstances vary from one property to another, and each case has to be considered on its merits. I have not been approached by your correspondent, but would be happy to discuss the matter with him.”]