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Flashcards in Land ownership Deck (10):
1

Who owns river bed

Tidal- crown
Non-tidal, as medium filum Rule, presumption that whoever owns the land which abuts it owns the riverbed up to its centre.
If the river changes suddenly or by manmade action, original boundaries will remain but otherwise the position of the boundary will change with the river

2

Trespass

Requires repeated and material breaches
Lord Advocate v Glengarnock Iron and Steel ruled that trespass requires material damage

3

Encroachment

Building on someone else's land that

4

Nuisance

Using your property in a way that disturbs someone else's enjoyment of their own property

5

What rights to the public have on the foreshore (beaches)

Access, fishing and recreation under their common law rights of access

6

What rights to the public have in tidal water

Right of navigation
Right to white fishing and shellfish

Under common law

7

What rights to the public have in non-tidal water

Navigation.
Under statute - prescription and limitation Scotland act

8

What rights of access do people have over land

Under statute (and by common law) theres public rights of way,
See prescription and limitation Scotland act

MUST BE EXERCISED CIVILITER

Also right to roam under Land Reform Act but must be exercised reasonably and other conditions- see the act

9

What obligations are on landowners

Common interest- obligation to be a good neighbour
Inc maintenance, drainage, support (although this is also perhaps an implied servitude)

10

Ad medium filum

Presumption owner of land by side of public highway or non-Tidal river owns soil or highway or bed of adjoining river Io to its centre line