326. Tidal and non-tidal rivers.

Where land is said to be bounded by a river, a distinction must be made between tidal rivers and non-tidal rivers.

In those parts of rivers where the tide flows and reflows, the soil between the medium high water mark and medium low water mark prima facie belongs to the Crown1, and therefore the boundary between the bed of a tidal river and the adjoining land is, as a general rule, the line of medium high water mark2. A tidal river is one where the water is subject to the ebb and flow of the tide3 whether the movement is