Rivers, lochs, and the sea

Question 1

Shetland Salmon Farmers Association v Crown Estate Commissioners

Answer 1

1. If the Crown’s right in the seabed is feudal, it would be difficult to see how the Crown would of the seabed around Shetland and Orkney (as they did not historically have a feudal system)
2. It was held that the right was not feudal
3. The Crown owns the seabed simply by being the sovereign

Question 2

Morris v Bicket

Answer 2

1. There is an obligation on the upper proprietor to transmit the water to the next proprietor unimpaired in quality and undiminished in quantity
2. The only exception is that you may extract water for primary (domestic) use