Riparian land is the area along the banks of rivers, lakes, or oceans reserved for environmental protection and proper water flow. This reserved area is crucial for landowners and investors, particularly when buying or developing land near water bodies. It is intended to protect the investments from flooding and the natural environment around the water bodies. Much attention has been paid to riparian spaces due to demolitions in areas like Nairobi, where authorities have removed properties built on riparian zones for violating environmental laws.

What is Riparian Land?

Riparian land is any space along the edge of a river, lake, or ocean. Its size can vary depending on the type of water body and legal regulations in the area. In Kenya, the law protects riparian zones, and the distance between the reserved areas varies based on the type of water body.

For instance, the riparian space should extend at least 6 metres on either side of the water in areas with flowing rivers. This figure can increase depending on the river’s width, with the requirement to leave an equal width on both sides. The maximum allowable riparian space is 30 metres, regardless of how wide the river becomes.

The riparian zone of oceans or lakes could be significantly larger, extending up to 100 metres or more, particularly in areas where the terrain requires extra protection, such as cliffside properties.

Legal and Environmental Importance of Riparian Zones

The primary reason for reserving riparian land is to allow for the natural ebb and flow of water during rainy seasons, preventing flooding and other environmental disruptions. Maintaining undeveloped buffer zones along waterways minimises the risk of flooding and environmental degradation downstream. Unfortunately, authorities demolished many properties built on riparian land in Nairobi because developers ignored these rules, leading to clogged water channels and increased flooding risk.

Understanding these legal requirements in Kenya is essential for anyone investing in land near rivers, lakes, or the ocean. Failing to comply with riparian regulations could result in costly demolitions, loss of property value, or even legal action.

Due Diligence: What Every Property Buyer Should Know

One common mistake many land buyers make is failing to do proper due diligence before purchasing a property. Many people need to pay more attention to the importance of hiring a licensed surveyor to determine the boundaries of the land and confirm whether any part of the property falls within a riparian zone. This step is crucial in avoiding costly mistakes and preventing future legal or environmental issues.

When purchasing land, especially near water bodies, working with professionals who understand the legal intricacies of land acquisition is critical. A licensed surveyor can assess the property and ensure that all necessary setbacks from water bodies are respected. 

What Happens If You Build on Riparian Land?

If you knowingly or unknowingly build on riparian land, you could face legal consequences, including demolition of your property. Sometimes, a new owner may inherit legal complications after acquiring the property, which is frustrating and costly.

Buyers must be diligent and ask the right questions before closing a deal. The seller may provide all necessary documents, but it is up to the buyer to verify these through professional surveys and legal checks. A simple mistake in this process could result in the loss of significant financial investments, as we’ve seen in several cases across Nairobi.

Investing in property is one of the most significant decisions you can make, so take the necessary steps to safeguard your investment. Always consult with professionals, especially when buying land near rivers, lakes, or oceans. This will protect you from unnecessary risk and ensure that your assets remain secure.

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