Crown Estates Commissioners for Declarator [2010] ScotCS CSOH_70 (04 June 2010)

Crown Estates Commissioners for Declarator [2010] ScotCS CSOH_70 (04 June 2010)

The Crown Estate Commissioners retain ownership of the seabed at Kames Bay, as the royal charters did not alienate heritable title to the seabed. The charters granted administrative and commercial privileges but not property rights over the seabed. Permanent moorings require consent and licensing from the Crown Estate Commissioners. Unlicensed mooring equipment may be removed and treated as lost or abandoned property belonging to the Crown.

Citation
[2010] ScotCS CSOH_70
Parties
Petitioner: Crown Estate Commissioners; Amicus Curiae: Scottish Executive Legal Directorate
Jurisdiction
Scotland
Judgment Date
04 June 2010
Procedural Posture
Petition for Declarator / Final Judgment
Outcome
declarator granted
Legal Topics
Ownership of Seabed, Royal Charters, Moorings Regulation, Positive and Negative Prescription, Lost and Abandoned Property
Property Law Public Law Administrative Law Ownership of Seabed Royal Charters Moorings Regulation Positive and Negative Prescription Lost and Abandoned Property

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Crown Estate Commissioners

Petitioner

Scottish Executive Legal Directorate

Amicus Curiae

Procedural Posture

Petition for Declarator / Final Judgment

Legal Issues

  1. 1 Whether the Crown Estate Commissioners own the seabed at Kames Bay.
  2. 2 Whether the Royal Charters of 1400 and 1584 alienated Crown rights to the seabed.
  3. 3 Whether the Burgh of Rothesay or its successors have rights to regulate or charge for moorings.

Ratio Decidendi

The Crown Estate Commissioners retain ownership of the seabed at Kames Bay, as the royal charters did not alienate heritable title to the seabed. The charters granted administrative and commercial privileges but not property rights over the seabed. Permanent moorings require consent and licensing from the Crown Estate Commissioners. Unlicensed mooring equipment may be removed and treated as lost or abandoned property belonging to the Crown.

Court Disposition

declarator granted

Orders

  • Petitioners entitled to remove all unlicensed mooring equipment within Kames Bay as defined.
  • Petitioners or appointed persons may store unclaimed mooring equipment for two months or other period as court directs, then dispose of or destroy it without liability.