Campbell's Trustees v. Sweeney [1911] ScotLR 1023 (22 July 1911)

Campbell's Trustees v. Sweeney [1911] ScotLR 1023 (22 July 1911)

The public right of navigation in a non-tidal navigable river does not entitle a member of the public to permanently moor boats or attach a raft/pontoon to the bank or bed for the purposes of a boat-hiring business; such acts are not incidents of navigation and may be interdicted by the proprietor.

Citation
[1911] ScotLR 1023
Parties
Pursuer: James Alexander Campbell and others, trustees of the late James Campbell of Tullichewan; Defender: John Sweeney
Jurisdiction
Scotland
Judgment Date
22 July 1911
Procedural Posture
Civil / Appeal
Outcome
appeal allowed
Legal Topics
Public Right of Navigation, Moorings, Riparian Ownership, Interdict, Dedication by User
Property Law Public Rights Navigation Law Public Right of Navigation Moorings Riparian Ownership Interdict Dedication by User

Case Brief

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Parties

James Alexander Campbell and others, trustees of the late James Campbell of Tullichewan

Pursuer

John Sweeney

Defender

Procedural Posture

Civil / Appeal

Legal Issues

  1. 1 Whether the pursuers' title includes the bank and alveus of the river at the disputed point
  2. 2 Whether a member of the public has the right to permanently moor boats or attach a raft/pontoon to the bank or bed of a public navigable river for the purposes of a boat-hiring business

Ratio Decidendi

The public right of navigation in a non-tidal navigable river does not entitle a member of the public to permanently moor boats or attach a raft/pontoon to the bank or bed for the purposes of a boat-hiring business; such acts are not incidents of navigation and may be interdicted by the proprietor.

Court Disposition

appeal allowed

Orders

  • Decree of removing and interdict granted against the defender, limited to permanent mooring or anchoring of pleasure-boats for hire and attachment of raft/pontoon to the bank or bed.