The title to the foreshore, that is from high water to low water mark, and the seabed to the limit of territorial waters, is in general vested in the Crown and is managed by the Crown Estate Commissioners. About half the foreshore in the United Kingdom remains vested in the Crown.
It would be a trespass to use the foreshore as a landing strip. However the ownership of the Crown is subject to the general public right of access for navigation and fishing. By analogy with the right of navigation it would be permissible to land on a beach in an emergency and to remain there for a reasonable time. It could also be argued that it would be reasonable to land when not in an emergency, but that is less likely to be recognised by the courts as a reasonable incident of the public right.
Members of the public may have right of access to the foreshore for the purpose of fishing or recreation, but the foreshore is not a public right of way.
The foreshore is managed by the Marine Estates Division of the Crown Agents, but is very likely to refuse any permission sought for fear of creating a precedent.
So the upshot for anyone proposing to land on a beach without the permission of the owner, the landing may be a trespass. Rule 5 applies but if it is a genuine approach with a view to landing then there will be no breach by coming within 500 feet of a person vessel or structure. Other persons may have a right to be on the foreshore and any approach or landing may place them in jeopardy and thus render the pilot liable to prosecution for reckless endangerment, as happened on one occasion last year.
