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Encyclopedia Britannica



FORESHORE

This article appears in Volume V10, Page 644 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: FLA-FRA
FORESHORE , that
part
  of the seashore which lies between high- and low- water mark at
ordinary
  tides. In the United Kingdom it is ordinarily and prima facie vested in the crown, except where it may be vested in a subject by ancient grant or charter from the crown, or by
prescription
 . Although numerous decisions, dating from 1795, have confirmed the prima facie title of the crown, S. A. Moore in his History of the Foreshore contends that the presumption is in favour of the subject rather than of the crown. But a subject can establish a title by proving an express grant from the crown or giving sufficient evidence of user from which a grant may be presumed. The
chief
  acts showing title to foreshore are, taking wreck or royal fish, right of fishing,
mining
 , digging and taking sand, seaweed, &c., em-banking and enclosing. There is a public right of user in that
part
  of the foreshore which belongs to the crown, for the purpose of navigation or
fishery
 , but there is no right of passage over lands adjacent to the shore, except by a particular custom. So that, in order to make the right available, there must be a
highway
  or other public
land
  giving access to the foreshore. Thus it has been held that the public have no legal right to trespass on
land
  above high-water mark for the purpose of bathing in the sea, though if they can get to. it they may bathe there (Blundell v. Catteral, 1821, 5 B. & Ad. 268). There is no right in the public to take sand, shells or seaweed from the shore, nor, except in certain places by local custom, have fishermen the right to use the foreshore or the soil above it for drawing up their boats, oo for drying their nets or similar purposes.
See S. A. Moore, History of the Foreshore and the Law relating thereto (1888); Coulson and Forbes, Law of Waters (1902).


End of Article: FORESHORE


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