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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9356
Experience:  I have been practising for 30 years.
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I wonder if you could help to answer a query we have. We

Resolved Question:

Hello,
I wonder if you could help to answer a query we have. We live in a residential property whose back garden backs onto a lake owned by a third party . On the land registry deeds/plan our boundary is on/ follows the lake line, but nothing is said specifically in the deeds about the lake.
What would the normal position be regarding the lake bank and ownership ?
We believe the normal position is that the above water lake bed is our boundary and thus our property and the under water part (Lake bed) is the lake owners.
Additionally over time we believe that our boundary is being eroded away, so in effect the lake is getting closer to our property, we assume that we are therefore entitled to protect the integrity of the lake bank boundary to ensure such erosion does not take place.
Be grateful for you thoughts.
Submitted: 9 months ago.
Category: Law
Expert:  F E Smith replied 9 months ago.

Does the lake have another owner and is the lake owner’s interest registered at the land Registry?

Customer: replied 9 months ago.
the lake is not ours it is owned by a neighbouring property owners so the lake will show the we believe on land registry the lake will show as under their title deed up to the boundary.Our is one of a number of properties converted some 20 years ago into residential, all of which back directly onto the lake bank.
Expert:  F E Smith replied 9 months ago.

Thank you. For a river, you have to look at this as though there is no water. With a river for example, if there is no indication to the contrary, then the landowners on each side own up to the centre of the riverbed. There may be other rights such as mooring boats or fishing and they may or may not be owned by whoever owns the land adjoining. With a river, as the bank gradually erodes or builds up, a person’s boundary can actually move. That does not apply to lakes.

Hence, it would be necessary to look at the land Registry deeds to see who owns the lake. It is dealt with not like a river but just like a piece of land. Unlike a riverbed where it’s a presumption that the boundary is in the middle, the late will actually be shown in someone’s title. If the bank of the lake has collapsed, the boundary remains where it always was .

Can I clarify anything for you? Please rate the service positive so that I get paid. We can still exchange emails. Best wishes. FES.

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