Q&As

Who owns the area of land/sea between the registered foreshore of an island and the English mainland? Does the island enjoy a right of way from the mainland to the island by right?

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Published on: 14 February 2017

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The Crown is Prima facie the owner of all land covered by the seas adjoining the coast, and of the foreshore. This can be bolstered by registration as the owner of the foreshore. There is no public highway along the foreshore, and no general right for the public to access or use the foreshore for recreation (see Alfred F Beckett Ltd v Lyons). See commentary: Extent of the right of passage: Halsbury's Laws of England.

Accordingly, the landowner of an island adjacent to the land or territorial waters of England will need to acquire a different proprietary right, in the form of an easement, Right of way, or title to the part of land through Adverse possession.

See commentary: Ownership of the foreshore: Halsbury's Laws of England.

Easements

Easements and rights of way may be acquired over the foreshore in exactly the same way as they may be acquired

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Jurisdiction(s):

United Kingdom

Key definition:

Right of way definition

What does Right of way mean?

An easement conferring a right to travel across land.

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