Crown Estate Commissioners v Roberts & Anor [2008] EWHC 1302 (Ch) (13 June 2008)

Crown Estate Commissioners v Roberts & Anor [2008] EWHC 1302 (Ch) (13 June 2008)

The status of Lord Marcher was essentially jurisdictional and did not confer proprietary rights in the foreshore or prerogative rights such as wreck, several fishery, treasure trove, sporting rights, or estrays. Any such rights must be established by specific grant or evidence of lawful possession, which Mr Roberts failed to do. The Crown's title to the foreshore stands, and Mr Roberts has no entitlement to the claimed rights.

Citation
[2008] EWHC 1302 (Ch)
Parties
Claimant: Crown Estate Commissioners; First Defendant: Mark Andrew Tudor Roberts; Second Defendant: Trelleck Estate Limited
Jurisdiction
England and Wales
Judgment Date
13 June 2008
Procedural Posture
Civil Property Dispute / High Court First Instance Judgment
Outcome
Claim allowed. Declarations granted in favour of the Crown Estate Commissioners.
Legal Topics
Feudal Tenure, Crown Rights, Manorial Rights, Lords Marcher, Foreshore Ownership, Adverse Possession, Franchises, Royal Prerogative, Welsh Law
Property Law Constitutional Law Legal History Feudal Tenure Crown Rights Manorial Rights Lords Marcher Foreshore Ownership +4 more

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Parties

Crown Estate Commissioners

Claimant

Mark Andrew Tudor Roberts

First Defendant

Trelleck Estate Limited

Second Defendant

Procedural Posture

Civil Property Dispute / High Court First Instance Judgment

Legal Issues

  1. 1 Whether Mr Roberts, as successor to the Lord Marcher of St Davids, is entitled to exercise royal prerogative rights over the Pembrokeshire foreshore and narrow sea.
  2. 2 Whether the status of Lord Marcher confers proprietary rights or only jurisdictional franchises.
  3. 3 Whether any rights claimed (wreck de mer, several fishery, treasure trove, sporting rights, estrays) survived statutory changes and subsequent conveyances.

Ratio Decidendi

The status of Lord Marcher was essentially jurisdictional and did not confer proprietary rights in the foreshore or prerogative rights such as wreck, several fishery, treasure trove, sporting rights, or estrays. Any such rights must be established by specific grant or evidence of lawful possession, which Mr Roberts failed to do. The Crown's title to the foreshore stands, and Mr Roberts has no entitlement to the claimed rights.

Court Disposition

Claim allowed. Declarations granted in favour of the Crown Estate Commissioners.

Orders

  • Declaration that the Crown Estate Commissioners have title to the foreshore in question.
  • Order for removal of Mr Roberts' caution against first registration.