Head 24 Flashcards
(13 cards)
What is the alveus of tidal waters?
This relates to the alveus (sea bed) of salt water - this can be the sea or sea lochs.
The alveus of tidal waters is property of…
The Crown, within territorial waters (12 nautical miles under Territorial Sea Act 1987
The ownership of the alveus of tidal waters is part of…
The regalia minora - thus it can be sold or leased.
Shetland Salmon Farmers Association v Crown Estate Commissioners 1991
The Shetland fish farmers argued that the sea bed was udal (owned by the nearest landowner(s) to the sea of Shetland). However the court held that the right here arose from the Royal Prerogative rather than the feudal system. [Nothing more was said - look up.]
What is the foreshore and who owns it?
Part of the shore which is wholly covered by the sea at high tide and wholly uncovered at low tide of ordinary spring tides) belongs to the Crown where it has not been feued out/disponed or acquired by prescription
Who owns the alveus of non-tidal waters?
There is a PRESUMPTION that the alveus of non-tidal waters is the property of owners of banks ad medium filum.
So the person who owns the bank of the river on one side of the river owns the river bed to the middle of the river, and the owner of the bank on the other side owns the other half of the river.
For lochs how will ownership be divided?
The PRESUMPTION is that it will be divided into sectors depending on who owns the surrounding land.
Again, just a presumption - titles or prescription can provide otherwise.
The owner of the alveus is known as a…
riparian proprietor.
Who owns running water?
Who owns standing water?
It is ownerless.
It is unclear.
Each riparian proprietor has…
A right of common interest in those parts of the river/loch which he or she does not own.
You are entitled to do what you like in the part you own, provided you don’t affect the common interest rights of the others (e.g. fishing, sailing etc).
What two obligations does common interest in this context include?
1) Obligation to refrain from acts which materially interfere with the water or with its natural flow
2) (For lochs only) obligation to allow fellow proprietors to fish and sail.
*Morris v Bicket (1864)
Look this up
Notwithstanding common interest in non-tidal waters…
Water may be extracted for ‘primary’ (ie domestic) use.
⁃ This would seem to include washing yourself or your things - but it would not include using for industrial purposes (e.g. bottling mineral water).
