The defendants claimed rights under a charter granted by Charles I in 1628 granting lands and marshes subject to the overflowing of the sea. The charter declared that it had been granted in consideration and as compensation for the future expense of reclaiming the land from the sea. In fact nothing had been done under the charter until 1784, when the defendants began to build a wharf.
Held: MacDonald CB said: ‘Let us next examine the common doctrine in the case of a grant made, and of which no advantage has been taken, and which has never been acted upon for a century and a half. It is most manifestly clear, either that the grant was never acted upon at all, or we must presume that it was surrendered, if ever the grantees did avail themselves of it. It has been argued thus: that supposing this was the case of a subject who had not acted upon such a grant for one hundred and forty years, the presumption must be the same as it was in the case of The Mayor of Kingston-upon Hull v Horner and the case of The Advowson of Chester-le-Street. In those cases there was nothing produced but a grant made at a distant time. The Court said, time must determine the title. Whenever we see a length of possession of this time, we must presume from the lapse of time, that an adverse grant is surrendered. So where we find the King by his subjects still in possession of this soil, by the passing and repassing of such vessels as can pass and repass, we must conclude that if it ever existed in force this grant had been in the interim surrendered to the Crown.’
Judges:
MacDonald CB
Citations:
(1811) 10 Price 378, [1811] EngR 645, (1811) 147 ER 345
Links:
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.269745
