Land ownership

Question 1

Who owns river bed

Answer 1

Tidal- crown
Non-tidal, as medium filum Rule, presumption that whoever owns the land which abuts it owns the riverbed up to its centre.
If the river changes suddenly or by manmade action, original boundaries will remain but otherwise the position of the boundary will change with the river

Question 2

Trespass

Answer 2

Requires repeated and material breaches

Lord Advocate v Glengarnock Iron and Steel ruled that trespass requires material damage

Question 3

Encroachment

Answer 3

Building on someone else’s land that

Question 4

Nuisance

Answer 4

Using your property in a way that disturbs someone else’s enjoyment of their own property

Question 5

What rights to the public have on the foreshore (beaches)

Answer 5

Access, fishing and recreation under their common law rights of access

Question 6

What rights to the public have in tidal water

Answer 6

Right of navigation
Right to white fishing and shellfish

Under common law

Question 7

What rights to the public have in non-tidal water

Answer 7

Navigation.

Under statute - prescription and limitation Scotland act

Question 8

What rights of access do people have over land

Answer 8

Under statute (and by common law) theres public rights of way,
See prescription and limitation Scotland act

MUST BE EXERCISED CIVILITER

Also right to roam under Land Reform Act but must be exercised reasonably and other conditions- see the act

Question 9

What obligations are on landowners

Answer 9

Common interest- obligation to be a good neighbour

Inc maintenance, drainage, support (although this is also perhaps an implied servitude)

Question 10

Ad medium filum

Answer 10

Presumption owner of land by side of public highway or non-Tidal river owns soil or highway or bed of adjoining river Io to its centre line