Rights over public land / seas and river waters

Question 1

Tidal waters

Answer 1

Owned by the crown up to the point to the highest point on an ordinary spring. Can be leased out (ie - fish farming)

Question 2

Foreshore

Answer 2

Where the tide moves up and down. Owned by crown on behalf of citizens. Right of navigation and regular use but nothing permanent. (Ie- no selling ice-cream or putting down permanent anchors).

Question 3

Non-tidal waters

Answer 3

Part of public property (whoever is on the banks). If more than 1 owner, each owner has a right of common interest (fishing, navigation, ect).

Question 4

River and boundaries

Answer 4

If river is boundaries - get to the middle of the river

Question 5

Navigation rights

Answer 5

Navigation rights by others can be acquired by others if used for 40 yrs. Ex- Canoe club

Question 6

Statutory access rights . what statute

Answer 6

Lard Reform (S) Act 2003 S 1-6

Question 7

2 ways public access rights are created

Answer 7

1) Deed. 2) Prescription use for 20 years P & L Act S 3(3)

Question 8

Exceptions to access rights

Answer 8

S 6 and S 9 - Land Reform Act

Question 9

Lard Reform Act 2003 - S 1 (2) Gives what two rights

Answer 9

Rights to be On land and rights to Cross land

Question 10

Lard Reform Act 2003 - S 1 (3) - says ON Land can be used for

Answer 10

recreational purposes, educational activities, carrying on activities for profit

Question 11

Trespassing

Answer 11

Encroachment, but not permanent (like a crane over property)

Question 12

Trespassing Defenses

Answer 12

Consent, servitude , emergency

Question 13

Trespassing Remedies

Answer 13

Interdict, self help, damages