How to Identify Natural Water Boundaries
All queries or rectification requests relating to natural water boundaries should be referred to the Policy team.
What is a shifting, or natural, water boundary?
A shifting, or natural, water boundary is a boundary with a water feature that has evolved through nature such as a river, loch or the sea, rather than a man-made water feature such as an artificial loch within a housing or leisure development, or a drainage ditch. The term also includes the landward (high water mark, ordinary spring tides (HWMS)) and seaward (low water mark, ordinary spring tides (LWMS)) boundaries of the foreshore. In the same way that a natural water boundary has evolved and changed through natural processes in the past, it is likely to continue to evolve and change in the future.
How to tell if a boundary adjoining water is a natural water boundary
To establish if a boundary adjoining water is a natural water boundary, there are two initial points to check -
1. Is the water boundary natural?
It is sometimes difficult to establish if a water feature is natural or not without spending time researching that water feature; if there is doubt, the keeper's policy is to treat the water feature as natural.
Natural |
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Non-natural |
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2. Is the legal boundary tied to the water boundary?
Where the text in the deed for extent expressly states that the plot is bounded by, or includes part of, the water feature, then the boundary is deemed to be "tied " to that water feature. For example,
Action to take
Natural? | Tied? | SO1 action | RO2 action |
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Yes | Yes | Refer to a referral officer for instructions on how to map the boundary. | See Further Guidance page - How to Map Natural Water Boundaries. |
Yes | No | Refer to a referral officer for instructions on how to map the boundary. | See Further Guidance page - How to Map Natural Water Boundaries. |
No | No | Map to the extent shown on the deed plan.
| Map to the extent shown on the deed plan.
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No | Yes | Refer to a referral officer for instructions on how to map the boundary. | Refer to a referral officer for instructions on how to map the boundary. |