Boat owners prevented from long-term mooring on stretch of Thames after Environment Agency brings trespass proceedings

The Environment Agency has “successfully pursued” ten boat-owners through the courts, who had moored continuously on the River Thames for several years.

A possession hearing was heard over three days from 30 October to 1 November 2023, and the judge, via a written judgement issued last month (8 March 2024), found in favour of the Environment Agency on all points, the watchdog said.

The Environment Agency said it had received “numerous complaints” and had tried to persuade those occupying the moorings to move their boats voluntarily, “unfortunately to no avail”.

The boat-owners had moored continuously on the River Thames at West Molesey for several years.

The Environment Agency said: “To ensure fair access for all, mooring in these locations is only permitted for boats travelling along the river for pleasure, for periods of no longer than 24 hours.”

The watchdog sought possession of a stretch of river close to Cherry Orchard Gardens, Molesey, Surrey. The judge confirmed that the Environment Agency as owner of the riverbed was entitled to make a claim in respect of boats trespassing in the water and the airspace over the river.

The judge held that it is not the case that the boat-owners would be made homeless by the action, saying: “They will be prevented from long-term and residential mooring on this stretch of the river, but could move elsewhere.”

The judge added that permanent mooring of boats in the location would “not only prevent other vessels from mooring in that part of the river, which they are entitled to do temporarily, but also change the character of that part of the river”.

Joe Cuthbertson, a manager at the Environment Agency, said: “As the navigation authority for the River Thames, we took this case to court to protect and ensure the public rights of navigation and mooring for everyone.

“We brought these trespass proceedings against the boat-owners as a last resort. They have been moored continuously and without any right, unfairly denying others the chance to moor their boats on the river at this location.

“We are pleased that the judge has found in our favour, and we hope that the defendants will move their boats before enforcement action becomes necessary. This is all we have ever asked of them.”

While the court decision does not preclude boat-owners from utilizing the riverbank for mooring purposes, it clarifies that no-one should abuse mooring rights.

A further hearing will be held before 31 July 2024 to determine the extent of the possession order that the Environment Agency will be granted.

Lottie Winson