The campaign for

River Access for All

What is the evidence for a PRN?

We present the evidence for a public right of navigation.

There are estimated to be 42,700 miles of river in the U.K. but only 1,400 have a clear and undisputed right of public access.

There is a great deal of evidence of such a right throughout our recorded history, from Roman Law to Saxon Charters, to Magna Carta, to the work of the Commissioners for Sewers who were charged with removal of obstructions to navigation, to the absence of the need to create specific rights of navigation within the Acts of Parliament creating statutory river navigations. The public right of navigation on all rivers capable of navigation was completely unquestioned for 1800 years.

Over the last 200 years a different view has been formed by some lawyers, landowners and fishing clubs based on riparian rights (rights associated with property bordering rivers). But it is an accepted principle of English law that such private rights are subservient to public rights.

In the case of Josie Rowland v Environment Agency, Mr Justice Lightman said 'Public Right of Navigation may only be extinguished by legislation or exercise of statutory powers or by destruction of the subject matter of PRN e.g. through silting up of the watercourse.'

Since the general public right of navigation has never been removed by statute or exercise of statutory powers, it must still exist today.

PRN - the detail
Detailed evidence for a general PRN   Read More
Why/how/when the PRN ended
The varying opinions   Read More
Challenges and Queries
PRN Explanations   Read More

River Access For All

PRN - the detail

So what is the detailed evidence for a general public right of navigation (PRN)?

  43 - 410

Following Roman law, a permanently flowing non-tidal river was regarded as public property (res publicae). Thus, any member of the public who could navigate the river had the right to do so.

(See The Institutes of Justinian - page 19, 1-4)

  c. 850

"Undoubtedly, in these times, it was a natural and unquestioned practice to use the rivers of all parts of the country as a means of transport so far as their physical state rendered them capable of such use..."

Arthur Telling (Barrister) & Rosemary Smith (Solicitor) - The Public Right of Navigation, A Report to The Sports Council and The Water Space Amenity Commission - 1983

  1215

Magna Carta (sealed by King John in 1215 and confirmed at least 44 times in the next 200 years) witnessed the public rights of navigation on "the Thames*, the Medway*, and throughout the whole of England" and ordered the removal of all obstructions. (* the Thames and the Medway had been subject to earlier charters).

(See text of Magna Carta section 33, 47 & 48 refer to rivers)


In Magna Carta ......... , clause 33 was to be of enormous significance in the history of navigation in this country, because it established the principle of free passage along England"s rivers, so laying the foundations for transport development in the Industrial Revolution".

Professor Nigel Saul - Professor of Medieval History, Royal Holloway University of London (from a lecture to the All Party Parliamentary Group on the Constitution, 26 February 2013)

  1472

Act for Wears and Fishgarths reconfirms (and clarifies) intent of Magna Carta;

"Whereas, by the laudable Statute of Magna Carta, among other Things, it is contained That all Kedels by Thamise and Medway, and throughout the Realm of England, should be taken away, saving by the Sea-banks, which Statute was made for the great Wealth of all this Land, in avoiding the straitness of all Rivers, so that Ships and Boats might have in them their large and free Passage..."

(See text of the Act)

  c. 1450

"By the time of Henry VI riparian owners had come to own the bed of the river but, it is submitted, those owners took their new property subject to the public right of navigation over it that had existed from time immemorial."

J.H. Bates, Water and Drainage Law (London: Sweet & Maxwell, 1990), para 13.18

  1423 - 1827

Between 1423 and 1827, 83 rivers were improved under Acts of Parliament. All but 2 of these have evidence of prior use (no evidence does not mean no prior use). Often the wording of the Act includes wording such as "an Act to improve navigation".

All of these rivers would need a right of navigation to allow ships/barges/boats to use them but most of the Acts do not confer such a right.

The inference is very clear - public rights of navigation already existed under common law. It was not the right of navigation that was being changed by the Acts but the capacity of the river to accommodate vessels of a particular size.

Whilst it was normal for riparian landowners to be compensated for any losses arising from these Acts of Parliament (such as land for structures and disruption to other activities) none of them was awarded compensation for the loss of the right to control navigation. Again the inference is clear - riparian owners did not have the right to control navigation and therefore couldn't be compensated for the loss of it!

Why/how/when the PRN ended

The varying opinions

You are entitled to your own opinion but you are not entitled to your own facts.
Daniel Patrick Moynihan, U.S. Senator


Not everyone agrees with the view that a general public right of navigation continues to exist on all rivers physically capable of navigation subject only to the physical constraints of the river and the craft using them.

This page is to detail how and when those that hold these views believe the PRN ended.

If you would like to submit some information here please email us.

Please don't talk about Riparian Rights. These are private rights which are secondary in English law to public rights.

Whilst they have some significance where there is no public right of navigation, they can play no part in extinguishing a public right of navigation which can only be by statute or exercise of statutory authority. See here for more details.

So if you know of such a statute or exercise of statutory authority, please tell us here.

We will publish below all serious views on how this is claimed to have happened. If there is nothing there it's because no one has any sensible suggestion for Statutes or exercise of statutory authority that has removed the general Public Right of Navigation.

Nothing has yet been suggested.

Challenges and Queries

Questions about PRN

Will Russell of Chester, an angler and "lapsed" canoeist queried whether Magna Carta really implied a public right of navigation.

"Clause (33) "All fish-weirs shall be removed from the Thames, the Medway, and throughout the whole of England, except on the sea coast.

This is quoted as being relevant to navigation. However, it is more likely, ??, to protecting fishing rights rather than referring to navigation.

(See his full email)

Our response included

Fortunately we have no lesser authority than Parliament to confirm that it's clauses relate to the protection of rights of navigation on all rivers which would seem to conclusively address your concern.


Whereas, by the laudable Statute of Magna Carta, among other Things, it is contained That all Kedels by Thamise and Medway, and throughout the Realm of England, should be taken away, saving by the Sea-banks, which Statute was made for the great Wealth of all this Land, in avoiding the straitness of all Rivers, so that Ships and Boats might have in them their large and free Passage... (1472 Act for Wears and Fishgarthes)

"Throughout the Realm", "all this Land" and "all Rivers" seem to us to be totally unambiguous and should resolve your concern that Magna Carta dealt only with the navigation rights of the places referred to in clause 13.