Foreshore fencing
Moderator: Herby Dice
Foreshore fencing
Nick B says "How come at least two landowners on Seil appear to be getting away with fencing off the foreshore to below the HW mark?"
I agree. Please discuss......
I agree. Please discuss......
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Possibly, Sally
Possibly so . . . livestock in these parts do tend to have semi-aquatic habits. When they come across such a fence on pasture land walkers will usually just climb over it, as they do with other livestock fencing - no problem so long as they are careful and don't cause any damage. (More stiles on Seil would be nice though, saves wear and tear on fences and trousers!)
I was however thinking more of private houses, with no livestock, just nasty PRIVATE - KEEP OUT notices on the fences. No-one can legally claim ownership of the foreshore between high and low water (with a few odd exceptions).
The fence at Cuan prevents anyone walking from Cuan round to Ballachuan, which I believe used to be a popular walk.
Nick
I was however thinking more of private houses, with no livestock, just nasty PRIVATE - KEEP OUT notices on the fences. No-one can legally claim ownership of the foreshore between high and low water (with a few odd exceptions).
The fence at Cuan prevents anyone walking from Cuan round to Ballachuan, which I believe used to be a popular walk.
Nick
NickB
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I believe there might be a human down that neck of the woods with Nazi tendencies. I have certainly climbed over fences there and have been involved in altercations for my trouble. They did, however, make the walks much more worthwhile!
NickB, how about you and I head down one weekend? We'll take siege engines and sort this out!
NickB, how about you and I head down one weekend? We'll take siege engines and sort this out!
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At the risk of someone pressing NickBs button:
Foreshore and seabed - Ownership
18.2 Crown rights and Crown grants
In the absence of evidence to the contrary, the foreshore and seabed are presumed to belong to the Crown. No recorded or registered title will be held by the Crown.
The Crown’s right to divest itself of ownership is subject to the Crown’s duty to protect the rights of the public in the sea and tidal rivers. These rights are principally the right of recreation and navigation and the right to catch certain types of fish.
18.4 Express titles
It is possible for titles other than those deriving from the Crown to include foreshore or seabed expressly in the title description. However, given the nature of foreshore and seabed and the fact of the public’s inalienable rights, it can often be difficult to show that the infeft proprietor has fulfilled the requirements for possession in section 1(1)(a) of the Prescription and Limitation (Scotland) Act 1973.
Access is, or should be, available on foot along the entire coasts of Scotland by access rights. Exceptions include some urban areas, ports, power stations, military land, wildlife reserves and estuaries.
I think yer man's just another Nimby trying it, WS or otherwise he should be told in no uncertain terms to 'sling his hook'
Here's what the crown says:No-one can legally claim ownership of the foreshore between high and low water (with a few odd exceptions).
Foreshore and seabed - Ownership
18.2 Crown rights and Crown grants
In the absence of evidence to the contrary, the foreshore and seabed are presumed to belong to the Crown. No recorded or registered title will be held by the Crown.
The Crown’s right to divest itself of ownership is subject to the Crown’s duty to protect the rights of the public in the sea and tidal rivers. These rights are principally the right of recreation and navigation and the right to catch certain types of fish.
18.4 Express titles
It is possible for titles other than those deriving from the Crown to include foreshore or seabed expressly in the title description. However, given the nature of foreshore and seabed and the fact of the public’s inalienable rights, it can often be difficult to show that the infeft proprietor has fulfilled the requirements for possession in section 1(1)(a) of the Prescription and Limitation (Scotland) Act 1973.
Access is, or should be, available on foot along the entire coasts of Scotland by access rights. Exceptions include some urban areas, ports, power stations, military land, wildlife reserves and estuaries.
I think yer man's just another Nimby trying it, WS or otherwise he should be told in no uncertain terms to 'sling his hook'
Om jeg hamrer eller hamres,
ligefuldt så skal der jamres!
ligefuldt så skal der jamres!
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Thanks Mrs Eric
I knew that but assumed everyone else did as well.
Maybe the guy at Cuan is royalty?
NickB
Maybe the guy at Cuan is royalty?
NickB
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Foreshore fencing
What's wrong woth foreshore fencing.......I prefer a sabre myself
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