News & Events

Riparian owners face a dilemma. By maintaining accurate annual catch records they can prove the value of their rights for both letting and sale purposes thereby potentially improving income. However, any rise in the value of the rights may cause a significant increase in tax liability should the rights ever be sold or inherited.

Most riparian owners simply treat the income received from let fishing as income obtained from land, a passive activity as far as HMRC are concerned. Whilst there is nothing wrong with this, there is potential for owners to access certain tax reliefs against Inheritance Tax and Capital Gains Tax where those riparian owners are regarded as ‘trading’.

Whilst there is no definition of ‘trading’, it is accepted that the riparian owner would need to do more than just letting the fishing to anglers. Such additional activities may include providing a ghillie, guide books, evidence of bank improvements or pool creation.

If a ‘trading’ arrangement can be created then riparian owners could access entrepreneurs relief which essentially reduces CGT to 10% from 28%. If the fishing rights are not disposed of during the lifetime of the owner, then IHT will become chargeable at 40% unless the ‘trading’ business is able to access the Business Property Relief which provides a full exemption from IHT.

Whilst some owners would be inclined to play down the value of their rights and provide modest catch returns to the HMRC, be warned that the Environment Agency publish a report on the performance of the whole river and this information can be used by the District Valuer and HMRC to assess the value of riparian rights.

Riparian owners must always take tax advice from their own accountant, but GSC Grays are happy to help on a practical level. Whether this is dealing with angling clubs or syndicates, helping owners with licences for river works or lettings and handling the purchase and disposal of fishing rights.

For further information, please contact Phil Scott-Priestley on 01969 600 120.

Trespass and access go hand in hand, particularly around the urban fringes of Britain, where the lines between public rights of way and those assumed by the public are often some distance apart. Whilst everyone accepts that public rights of way are an important part of the British countryside, there are times when new ‘footpaths’ appear or occur through long term usage by the public. These can eventually be dedicated as new rights of way.

Section 31 (6) of the Highway Act 1980 provides a mechanism for landowners, including tenants for life (land held under a strict settlement) or the trustees (land held under a trust for sale) to acknowledge the existence of certain public rights of way across his or her land, and to prevent new public rights of way being created by ‘presumed dedication’.

Presumed dedication is where new public rights of way are created following unchallenged use of the route by members of the public for a period of twenty years or more. The mechanism does not prevent the creation of rights of way arising from twenty years of use where all use was prior to the submission of the landowners statutory declaration, or of rights of way whose existence can be proved by reference to historical documentation.

Public Rights of Way or Public Highways are categorised into Footpaths, Bridleways, Restricted Byways and Byways Open to All Traffic (BOAT). In order to establish if such rights of way exist, it is prudent to check the status of paths, tracks, farm roads or short cuts through legal documents such as Enclosure Awards, Section 36 (6) Highways Act 1980 to identify unmetalled roads, consultation with the parish council and local user groups.

Section 31 (6) allows landowner’s to make their intentions clear and to prevent anyone claiming a right of access using the twenty year rule by depositing with the County Council a Deposit of Statement and Map, providing conclusive evidence and recognition of the existence of public rights of way over land and a Statutory Declaration. The Statutory Declaration should be renewed every 10 years to confirm that no new public rights of way have been dedicated since the original date of deposit of the Statement and Map.

Once lodged with the County Council, the Deposit of Statement, Map and Statutory Declaration become public documents and are available for public inspection – the local authorities will keep a register of all documents submitted and record on the public rights of way Definitive Map.

It is also prudent for landowners to erect signs which prevent access or show where the correct right of access is and have a record of these on file. A body of evidence will be required if ever a landowner is challenged over a dedication.

A more difficult and expensive exercise would be to close and lock gates on those routes which are not public rights of way once a year for a day in order that the twenty years of continuous use is broken. If this is the preferred way forward, a landowner must satisfy themselves, through referencing the Definitive Map, that they are not obstructing a public right of way, which is an offence! Again, evidence in the form of records and photographs are essential to demonstrate that the route was closed.

Please note that this does not apply to land which is covered by the Countryside Rights of Way Act 2000.

Landowners need to be aware of the dangers of having new rights of way being created in this manner, as they could potentially have a damaging impact on capital values and could affect the development of land in the future. The local authority will have a footpath officer for your area and it is worth consulting with them about these issues or discussing them with GSC Grays who not only have a good working relationship with the footpath officers but also represent landowners of the County Durham Local Access Forum.

For more information on deemed dedication of rights of way under Section 31 (6) of the Highways Act 1980 or completion and submission of a Deposit of Statement and Map and Statutory Declaration please either contact Matthew Trewartha on Tel:
0191 385 2435 or Carl Pearson on Tel: 01748 829210

With the record wet summer, three torrential downpours and changes to our weather patterns, the risk of river bank erosion, collapse and flooding is increasingly prevalent and with it comes the need for riparian owners to have an understanding of their rights and responsibilities.

You are a ‘riparian owner’ if you have land or property that is next to a watercourse. A watercourse is defined as any natural or artificial channel above or below ground through which water flows, such as a river, brook, beck, ditch, mill stream or culvert.

In general terms, if you boundary a watercourse it is assumed that you own up to the centre of that watercourse, unless it is owned by someone else. Where a watercourse runs through or underneath your land, it is assumed that you are responsible for that stretch of watercourse.

Water should flow through or beneath your land in natural quantity and quality. This means that you cannot take water without licence from a watercourse in case it means that someone further down the water course may be short of water. It also means that you cannot pollute the water.

The Land Drainage Act 1991 requires that a watercourse be maintained by its owner in such a condition that the free flow of water is not impeded. The riparian owner must accept the natural flow from upstream but need not carry out work to cater for increased flows resulting from some types of works carried out upstream, for example a new housing development.

In simple terms, you have to allow the water to flow in natural volumes following its natural course so that you do not cause any
problems for any other Landowner downstream. You are also responsible for any man-made alterations with the watercourse, such as culverts, weirs and traps.  Bank maintenance and removing obstructions such as litter and fallen trees is also important to allow the water to flow naturally.

Where Landowners have culverts running through their land they have the same responsibilities towards them as if they were open watercourses. The problem with culverts is that they are underground, frequently inaccessible and often unknown.

In all cases of dispute, professional legal advice is essential early on in the process. For a more practical discussion about watercourse management, please contact Matt Trewartha tel: 0191 385 1737.

GSC Grays have  successfully achieved a hat trick  with three separate applications to convert redundant farm buildings into residential units within the North Pennines Area of Outstanding Natural Beauty.

All located on the same farm and in view of each other, the three combined successful applications have provided five new dwellings, garaging and a new access road.

Working closely with Durham County Planners, the Conservation Officers and Smith Marsden of Hexham, the staggered project has taken four years to complete.

With one dwelling sold, two sales due to complete shortly and two further dwellings receiving  offers on the same day that planning consent was granted, things are certainly looking promising in what can be a difficult market.  With good plans, realistic pricing and proper marketing, buildings once perceived as liabilities could offer a source of capital.

The key is to understand the process; have a good relationship with the planning officers and get the right architects on board early.

For further information on this development, please contact Matt Trewartha on tel: 0191 385 1737

Over the last seven  weeks, the historic charm and character of Biddick Hall, set in Lambton Park, has been accessible to a huge audience through the BBC Period Costume Drama; The Paradise.

Filmed entirely at Lambton Estate, The Paradise has beaten viewing figure expectations with 6 million viewers regularly tuning in to catch up on the characters and the glamour of 19^th Century fashions in  a fictional Edwardian Department Store. This glamorous series has been so popular in attracting viewers, that a second series has been commissioned before the first series has finished it’s run on Tuesday evening’s on BBC1.

GSC Gray’s, who manage Lambton Estate on behalf of the Earl of Durham are delighted to see both Biddick Hall and the grounds being presented to the world in such a positive light and as a result the Biddick Hall website has received a huge boost in visitor numbers.  Biddick Hall itself is a is a stunning, unspoiled privately owned country house, set amongst beautiful gardens with extensive grounds in a walled private estate, offering a unique venue for weddings, corporate entertainment, weekend breaks or family celebrations.

In addition to The Paradise, the scenery of Lambton Park was captured brilliantly  in a recent episode of Inspector George Gently, prompting further interest in the Estate.

Whilst it might not suit every estate to advertise itself in this way, it is apparent that those who allow themselves to be used as TV and Film Locations really can get publicity that money can’t buy.

For further information on Biddick Hall Click Here.  For more information on what Lambton Estate has to offer, please contact the Lambton Estate Office on tel: 0191 385 2435.