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Foreshore

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FORESHORE, that part of the seashore which lies between high and low water mark at ordinary tides. In Great Britain it is ordinarily and prima facie vested in the Crown, except where it may be vested in a subject by ancient grant or charter from the Crown, or by prescription from which a grant may be pre sumed. The chief acts showing title to foreshore are, taking wreck or royal fish, right of fishing, mining, digging and taking sand, seaweed, etc., embanking 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 fishery, but there is no right of passage over lands adjacent to the shore, except by a particular custom. So that, in order to make the right available, there must be a highway or other public land giving 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 'These receipts were 68,000 in 1913 and 146,500 in 1927. The number of out-going despatches (including letters, telegrams, etc.) is con siderably larger than this.

of bathing in the 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 local custom, have fishermen the right to use the foreshore or the soil above it for drawing up their boats, or for drying their nets or similar purposes. Improvements made by a tenant under the Landlord and Tenant Act, 1927, must not infringe the rights of the public. As to registration of land comprising foreshore, see c. 21 of 1925, s. 97. (For foreshore protection see COAST PROTECTION.) In the United States the foreshore generally belongs to the State in which it lies except in some States, as Maine, Massachu setts, New Hampshire and Virginia, where it belongs to the owner of the upland. The State may make such reasonable regulations as to its use by the public as are not inconsistent with the pro visions of Federal law.

See S. A. Moore, History of the Foreshore and the Law relating thereto (1888) ; H. J. W. Coulson and U. A. Forbes, Law of Waters (1902).

public, except and belongs