A public right of navigation over a river is ‘similar to a right of highway on land not covered by water.’ Before 1885, public rights of navigation did not exist over tributaries of the Thames where there was no prescriptive user.
Kay J
(1899) 44 Ch D 110
England and Wales
Cited by:
Cited – Rowland v The Environment Agency ChD 19-Dec-2002
Public rights of Navigation have since time immemorial at common law existed over the Thames including (unless and until extinguished or ceasing to be exercisable) Hedsor Water. The claimant sought a declaration that rights of navigation over that . .
Cited – Attorney-General (ex relatione Yorkshire Derwent Trust Ltd) v Brotherton HL 5-Dec-1991
The appellants owned land through which flowed the river Derwent. Attempts were to be made to restore the river to navigability. The appellants denied that any public rights existed over the river.
Held: The 1932 Act could only give rise to a . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 September 2021; Ref: scu.187538
