Access to Non-Tidal Water – The Legal Position

What the BCU (British Canoe Union) say about the legal position is:-



The legal situation

Most inland waters in England are privately owned and to canoe on them without permission could constitute an act of trespass. Where there is no public launching point, or a public footpath to the water’s edge it is necessary for the paddler to get permission to cross private land to access the water. The following notes apply to England and Wales; the law is different in Scotland.

Access to water, the factual position

In 2000 The Government appointed Brighton University to produce a report titled ‘Water-Based Sport and Recreation: the facts’ this established that

• Approximate length of rivers over three meters wide: 68,310kms. in England & Wales


• Public or a statutory right of navigation: 2,317kms. (3.5%)


• Canoes and other small craft can use narrower waters, which often offer the most interesting and challenging water. Therefore the true length of navigable rivers is substantially greater and the percentage available substantially less, estimated at 2%


• Of the 66,000kms where no statutory rights exist, voluntary access agreements have achieved 812kms (1.2%)

Trespass (under civil law)

If you are canoeing privately owned water without permission, then you might be trespassing. Simple trespass is a civil offence, not a criminal offence. Damages can be awarded against the trespasser (i.e. a fine), or an injunction can be issued to prevent repetition of trespass or to restrain threatened trespass. It is not a police matter unless a criminal offence is committed; this would only be if wilful or malicious damage was done, there was a conspiracy to commit trespass, there was behaviour likely to cause a breach of the peace or it was a case of aggravated trespass (see below).

If you are challenged whilst paddling, please be courteous and polite whatever the situation. Avoid anything that could be interpreted as a breach of the peace or conspiracy to trespass (i.e. criminal offences). If you are challenged by an authorised official you can be obliged to give your name and address, If you are accused of trespass and genuinely believe you are exercising a public right of navigation or are paddling within the terms of an access agreement, you should say so and refuse to admit trespass. There is no case if you can prove that you are within your rights or have permission. Where you have a legal right the law requires you to exercise the right reasonably with due consideration for others.

Aggravated Trespass (under criminal Law)

The Criminal Justice Act 1994 introduced the new criminal offence of aggravated trespass. This should not be confused with ordinary trespass, which is a civil offence. To commit aggravated trespass you must first be trespassing; whilst trespassing you must also have the intention of obstructing or disrupting a lawful activity (such as hunting, shooting or fishing) or intimidating those engaged in such lawful activities Canoeists should not fall foul of this new law if they canoe in a peaceful and considerate manner. We have no indication as to how the Police the Crown Prosecution Service and the Courts will interpret the act where paddlers in pursuit of their sport might be involved.