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FORESHORE , that See also: part of the seashore which lies between high- and low- See also: water mark at ordinary tides
.
In the See also: United See also: Kingdom it is ordinarily and prima facie vested in the See also: crown, except where it may be vested in a subject by See also: ancient See also: grant or charter from the crown, or by
See also: prescription
.
Although numerous decisions, dating from 1795, have confirmed the prima facie title of the crown, S
.
A
.
See also: Moore in his See also: 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 See also: wreck or royal See also: fish, right of fishing, See also: mining, digging and taking See also: 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 See also: fishery, but there is no right of passage over lands adjacent to the See also: shore, except by a particular See also: custom
.
So that, in See also: order to make the right available, there must be a See also: highway or other public See also: land giving See also: 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 See also: 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 See also: local custom, have fishermen the right to use the foreshore or the See also: soil above it for See also: drawing up their boats, oo for drying their nets or similar purposes
.
See S
.
A
.
Moore, History of the Foreshore and the See also: Law See also: relating thereto (1888); Coulson and See also: Forbes, Law of See also: Waters (1902)
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