Crown Estate Commissioners v Roberts & Anor

Crown Estate Commissioners v Roberts & Anor

Mr Roberts, as Lord of the Manor of Trevine and of the City and Suburbs of St David’s, is entitled only to a moiety of wreck washed ashore on the foreshore adjoining those manors. He has not established rights to several fishery, treasure trove, or sporting rights over the foreshore or seabed, as the foreshore was never part of the Bishops’ lands and any such rights were abolished or not proved. The right to estrays is limited to within the manor and does not extend to the foreshore.

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 / Judgment After Trial
Outcome
Declarations granted in favour of the Claimant; limited rights found for the Defendant.
Legal Topics
Manorial Rights, Franchises, Foreshore Ownership, Adverse Possession, Royal Prerogative, Welsh Customary Law
Property Law Land Law Historical Land Rights Manorial Rights Franchises Foreshore Ownership Adverse Possession Royal Prerogative +1 more

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Parties

Crown Estate Commissioners

Claimant

Mark Andrew Tudor Roberts

First Defendant

Trelleck Estate Limited

Second Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether Mr Roberts, as Lord Marcher of St Davids, is entitled to exercise royal prerogative rights over the Pembrokeshire foreshore and narrow sea; specifically rights to wreck de mer, several fishery, treasure trove, sporting rights, and estrays; Whether such rights survived statutory changes and abolition of feudal tenure; Whether the foreshore was ever part of the Bishops' lands; Effect of adverse possession by the Crown on any such rights.

Ratio Decidendi

Mr Roberts, as Lord of the Manor of Trevine and of the City and Suburbs of St David’s, is entitled only to a moiety of wreck washed ashore on the foreshore adjoining those manors. He has not established rights to several fishery, treasure trove, or sporting rights over the foreshore or seabed, as the foreshore was never part of the Bishops’ lands and any such rights were abolished or not proved. The right to estrays is limited to within the manor and does not extend to the foreshore.

Court Disposition

Declarations granted in favour of the Claimant; limited rights found for the Defendant.

Orders

  • Mr Roberts is entitled to a moiety of wreck in his capacity as Lord of the Manor of Trevine and of the City and Suburbs of St David’s, but otherwise has no rights over the foreshore or seabed.
  • No rights to several fishery, treasure trove, or sporting rights over the foreshore or seabed are established.