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FORESHORE

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Originally appearing in Volume V10, Page 644 of the 1911 Encyclopedia Britannica.
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FORESHORE , that See also:

part of the seashore which lies between high- and See also:low- See also:water See also:mark at See also: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 See also:charter from the crown, or by See also:prescription. Although numerous decisions, dating from 1795, have confirmed the prima facie See also: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 See also:express grant from the crown or giving sufficient See also:evidence of user from which a grant may be presumed. The See also: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 See also: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).

End of Article: FORESHORE

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