Riparian land refers to the strip of land adjacent to rivers, streams, lakes, or other water bodies. Statutorily, riparian land is defined as stretching at least 6 meters and up to a maximum of 30 meters on both sides of a watercourse from the highest watermark.
Can Individuals/Companies own Riparian Land?
Riparian land is classified as public land, meaning it should not be allocated to any individual or entity. The Constitution of Kenya considers all rivers, lakes and other water bodies, the land between their high and low water marks as public land. Consequently, any cultivation or development within the riparian land is prohibited.
Ownership and management of riparian land rests with the National government and its administration is carried out on behalf of Kenyan citizens by the National Land Commission.
What is the importance of Riparian Land?
Riparian reserves are subject to stringent legal regulations and environmental protections owing to their ecological significance and susceptibility to erosion, flooding, and other natural hazards. The Kenyan government enforces environmental laws to prevent the inappropriate use of riparian land, aiming to ensure the sustainable utilization of water resources and safeguard the integrity of the surrounding ecosystem.
How to identify and manage property neighboring Riparian Land
It is crucial to engage a licensed surveyor to confirm the property boundaries, primarily by re-establishing the beacons, confirming the size of the property and subsequently preparing a survey report. A licensed surveyor will confirm whether any part of the land is considered as a riparian reserve and offer appropriate advice.
Given the variations in definitions of riparian reserves across different laws in Kenya, consulting with local authorities such as County Government, National Environment Management Authority (NEMA) and the Water Resources Management Authority (WARMA) is advisable.
Inspectors from WARMA provide inspection services, which include identifying watermarks and offering explanations concerning environmental laws and regulations. Moreover, the inspectors facilitate management of riparian land by the establishment of buffer zones along waterways to mitigate runoff, purify pollutants and protect marine habitats.
Environmental inspectors from NEMA offer further guidance on permissible activities and assist in the issuance of necessary building permits and approvals/licenses from NEMA for land adjacent to riparian reserves Failure to engage these authorities constitutes a breach of environmental regulations concerning riparian lands and could lead to penalties as well as other legal measures to enforce compliance.
Further, engaging a conveyancing lawyer in land acquisition matters can offer further guidance on how to comply with the relevant regulations, possible risk mitigation and any legal action concerning riparian reserves as well as conduct due diligence.
Please contact us at info@cfllegal.com should you require further information.
