Ownership of Beds

Question 1

Foreshore

Answer 1

Owned by Crown due to it being non-manurable. Land that goes down to mean high water line is private

Question 2

Non-tidal, navigable

Answer 2

Crown land

Question 3

Non-tidal, non-navigable

Answer 3

older titles have ad medium, newer ones don’t

Question 4

Michelthwaite v Newlay Bridge

Answer 4

ad medium rule applies, even if the the bed is not coloured/area not explicitly included, unless there is a contrary intention

Question 5

Canadian exploration v Rotter

Answer 5

ad medium rule applies, even after Torrens system. Clear intention to transfer the bed here, and practical difficulties in surveying middle of streams. (DISSENT - Torrens was made to save people from having to look into the past of title. This has people do just that)

Question 6

Land Act

Answer 6

Phases out ad medium rule. No part of bed/shore passes unless red colour and express provisions to the contrary. Does not affect any claim decided before

Question 7

ad medium rule

Answer 7

Generally the owner of land extending to a river boundary included the ownership of the river bed to the centre line of the river. However this was only the case with a non navigable river.