Fisherrow Harbour Commissioners v. Musselburgh Real Estate Co., Ltd [1903] ScotLR 40_296 (23 January 1903)

Fisherrow Harbour Commissioners v. Musselburgh Real Estate Co., Ltd [1903] ScotLR 40_296 (23 January 1903)

The whole foreshore between the Magdalena Burn and Ravenshaugh Burn is included within the limits or precincts of Fisherrow Harbour for the purposes of the Act, and the Harbour Commissioners have the power to regulate and prohibit the removal of sand and other materials from this area, including by the proprietors, except from places appointed by the Commissioners. The foreshore in Scotland is defined as extending to the high-water mark of ordinary spring tides.

Citation
[1903] ScotLR 40_296
Parties
Pursuer: Fisherrow Harbour Commissioners; Defender: Musselburgh Real Estate Company, Limited; Defender: John Downie
Jurisdiction
Scotland
Judgment Date
23 January 1903
Procedural Posture
Civil Declarator / Inner House, Second Division, Reclaiming Note (appeal) Against Lord Ordinary's Interlocutor
Outcome
Reclaiming note refused; interlocutor of Lord Ordinary adhered to.
Legal Topics
Foreshore Boundaries, Harbour Precincts, Removal of Sand, Statutory Construction, Rights of Foreshore Proprietors
Property Law Harbour Law Statutory Interpretation Foreshore Boundaries Harbour Precincts Removal of Sand Statutory Construction Rights of Foreshore Proprietors

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Parties

Fisherrow Harbour Commissioners

Pursuer

Musselburgh Real Estate Company, Limited

Defender

John Downie

Defender

Procedural Posture

Civil Declarator / Inner House, Second Division, Reclaiming Note (appeal) Against Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the precincts of Fisherrow Harbour include the foreshore between the Magdalena Burn and Ravenshaugh Burn
  2. 2 Whether proprietors of the foreshore may remove sand without the consent of the Harbour Commissioners
  3. 3 What is the legal definition of the foreshore boundary in Scotland

Ratio Decidendi

The whole foreshore between the Magdalena Burn and Ravenshaugh Burn is included within the limits or precincts of Fisherrow Harbour for the purposes of the Act, and the Harbour Commissioners have the power to regulate and prohibit the removal of sand and other materials from this area, including by the proprietors, except from places appointed by the Commissioners. The foreshore in Scotland is defined as extending to the high-water mark of ordinary spring tides.

Court Disposition

Reclaiming note refused; interlocutor of Lord Ordinary adhered to.

Orders

  • Declarator granted that the harbour of Fisherrow includes the whole foreshore between the Magdalena Burn and Ravenshaugh Burn up to high-water mark of ordinary spring tides.
  • Declarator granted that the defenders are not entitled to remove sand from the foreshore except from places appointed by the Harbour Commissioners.