‍Why Ownership Matters

In today's episode, I delve into the question of who owns the UK coastal zone and how this ownership might change in the future. This topic is particularly relevant to everyone living in the UK.

I begin by examining the connection between land ownership and shoreline changes within the UK legal system. Recent developments may impact our understanding of future changes.

So, why is this relevant to all of us in the UK?

• If you own land along the UK coast, you might be concerned about sea level rise or coastal erosion.
• Even if you don’t own land, you might have a pension. Pension funds are among the largest landowners in the UK.
• If your pension scheme invests in coastal land, it affects you too.
• The Crown Estate manages a large section of the coastal zone, and its benefits and costs are reflected in the UK Treasury, impacting us all.

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Legal Framework: Shoreline and Ownership

The relationship between shoreline changes and land ownership in the UK involves property law, where the foreshore is defined as a movable freehold.

• The foreshore is the area between high and low water marks, exposed during low tide and covered during high tide.
• It lies at the interface between land and seabed, and these combined areas are types of property you can own in the UK.

Typically:

• The foreshore and seabed are owned by the Crown Estate or the Scotland Crown Estate.
• The land is mostly privately owned, with some public and communal ownership.

Ownership may change as the boundary between foreshore and land shifts, governed by:

• The Doctrine of Accretion (land gained through natural processes)
• The Doctrine of Diluvium (land lost through erosion)

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Legal Precedents and Regional Differences

In the UK, judges must follow legal precedents.

• There are more erosion cases in England than in Scotland.
• The doctrine states:
  • If land is accreted, the landowner gains ownership of the new land.
  • If land is eroded, it becomes part of the foreshore, usually owned by the Crown Estate.

Differences between Scottish and English law arise from how conveyances (land transfer documents) are written:

• If a conveyance specifies fixed boundaries, the doctrine doesn’t apply.
• If it refers to a mobile boundary, the doctrine does apply.

This affects whether landowners can claim accreted land or lose land to erosion.

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A case to watch: Montrose, Scotland

In Scotland, the application of these doctrines is less clear due to fewer court cases. However, a current case in Montrose, involving a golf course facing severe coastal erosion, may set important precedents for future legal decisions.

That’s all for today’s discussion. This topic raises more questions than answers, but it’s crucial to revisit it as we gain more insights. I’ll be closely following the Montrose case.

If you find this podcast useful, please check out more episodes at

https://www.coastalgeohazardspodcast.com

See you in the next episode.

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