A right to ‘wreck’ will not of itself confer a title by presumption of law to the ownershipof the soil above the shore as against the Crown.
Holroyd J discussed whether a grant of a right of wreck include also any right in the land: ‘I think it may be evidence of ownership, particularly if coupled with other acts of ownership of the right of soil. Where the crown grants the right of wreck it is probable the crown grants the right of soil also; but if the crown grant the right of wreck alone, by that grant the party would have the right to come and take the wreck, as incidental to the grant, otherwise the grant of the right could not be the grant of anything whatever.’
Judges:
Holroyd J
Citations:
Hall on the Seashore from 1822
Jurisdiction:
England and Wales
Cited by:
Cited – Crown Estate Commissioners v Roberts and Another ChD 13-Jun-2008
The defendant claimed ownership as Lord Marcher of St Davids of historical rights in foreshores in Pembrokeshire. The claimants sought removal of his cautions against first registration.
Held: Lewison J explored the history of manorial . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 05 May 2022; Ref: scu.269752
