000			02590cam a2200229 4500
001			X121051
008			030117n2002 000 0 eng u
035			_a(Sirsi) u121051
245			_aRowland v Environment Agency
260			_c2002
490			_aWeekly Law Reports _v[2003] 2 WLR 1233-1264(32)
520			_a[2002] EWCH 2785 (Ch),12 December 2002. Concerned public navigation rights over a non-tidal part of the River Thames known as Hedsor Water. The defendant (E) concluded that the rights still existed, having never been extinguished by statute or other competent authority and sought to remove signs prohibiting navigation as the lack of public navigation had led the navigation authorities to believe Hedsor Water was private. Claimant (R) owned Hedsor Estate including part of the bank and the whole of the riverbed of Hedsor Water. Being a loop in the river, a cut had been made above Hedsor Water in 1830 to enable river traffic to bypass it with weirs at either end of the loop. As public navigation practically ceased after 1846 R sought a declaration that public rights of navigation over a non-tidal part of the River Thames known as Hedsor Water had been extinguished or ceased to be exercisable. R argued that:as the public had been excluded from Hedsor Water for 20 years prior to the Thames Preservation Act 1885 public navigation rights had been extinguished under ss2 and 5 of the Act; under the Human Rights Act 1998, she should be able to enjoy Hedsor Water as private water, an entitlement which E should not seek to deny. Held that under common law public rights of navigation existed over the Thames and that the Thames Preservation Act 1885 Part 1 extended it to the whole of the river. At common law the rights could not be lost by disuse and there was no legislation conferring express or implied power on the navigational authorities to extinguish the rights. S2 of the 1885 Act did not apply. R's second claim based on legitimate expectation and redress under Human Rights Act 1998 failed. Claim dismissed. View judgment at www.courtservice.gov.uk
650			_aROWLAND V ENVIRONMENT AGENCY
650			_aRIPARIAN RIGHTS
650			_aHEDSOR WATER
650			_aTHAMES PRESERVATION ACT 1885
650			_aHUMAN RIGHTS ACT 1998
650			_aPUBLIC RIGHT OF NAVIGATION
690			_aPROPERTY AND LAND LAW-CASE LAW
856			_uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Ch/2002/2785.html&query=Josie+and+Rowland+and+v+and+Environment+and+Agency&method=boolean _zView the case free of charge at www.bailii.org.uk
942			_n0
999			_c71933 _d71933