Exploring The Legal Aspects Of Water Rights In Property Law

Kanishk Muchhala, BBA LLB (Hons.), Jindal Global Law School

ABSTRACT

This paper investigates the legal notion of "property," with a focus on the rights tied to water bodies that are on or near land in different legal systems. Property is typically defined as something that can be owned, giving the owner exclusive rights to use and control it. Specifically, water rights enable property owners to use, sell, or manage water from designated sources. In India, the Transfer of Property Act, 1882, oversees the transfer of immovable property but does not address water rights related to nearby or adjoining water bodies. The study compares how different countries, including the United States, the United Kingdom, South Africa, and India, approach water rights and resource management. It also examines national property laws for structures in international waters under the United Nations Convention on the Law of the Sea (UNCLOS). The analysis highlights the importance of evolving legal frameworks to meet global water challenges, ensuring a balance between individual property rights and broader regulatory needs for sustainable water access.

Keywords: property law, water rights, comparative analysis, riparian rights, littoral rights UNCLOS, national property