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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Ramsay of Preston v The York Building Company [1763] 5 Brn 557 (30 November 1763)
URL: http://www.bailii.org/scot/cases/ScotCS/1763/Brn050557-0632.html
Cite as: [1763] 5 Brn 557
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Brn 557
Subject_1 DECISIONS of THE LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 PROPERTY.
v.
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ALVEUS MARIS.
In determining a cause concerning an oyster-fishing, between Ramsay of Preston and the York Building Company, Lord President gave it as his opinion, That the alveus maris, properly so called, and which is constantly covered with water, belongs to the Crown, for behoof of the public, 30th November 1763.
But as to the shore, within flood-mark, covered at flood, and bare at ebb, it would appear that it remains the property of the contiguous heritor, subject to the common uses of navigation. So argued as to lime rocks; summer 1772, Sir John Hall against Dirleton.
See Stair, B. 2, tit. 1, § 5.
The electronic version of the text was provided by the Scottish Council of Law Reporting