Foreshore – ownership and access
Christopher Jessel, M.A. (Oxon),
Solicitor, Consultant, Farrer & Co.
DEFRA has published a draft Marine Bill, Part 9 of which
proposes a public right of access to the coast of England and Wales. This right will lie
against owners and occupiers of both dry land fronting the sea and of foreshore. It will
affect both public or charitable bodies which may be sympathetic to public access and also
private owners who may take a different view. There are many existing arrangements for
public access but at present these depend on a grant or tolerance by the owner. The law
concerning title to foreshore and the sea bed has been the subject of judicial decision in
two cases decided in 2008 which shed some light on identifying the owner.
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