Inter-tidal zone ownership
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The best legal advice is that you should never place yourself in a position where you need your legal advice to be right.
"Don't get caught."
:-)
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The simple answer to QDMQDMQDM's question is that rights of way/rights of usage are almost always limited in some way. Thus a footpath is for use on foot (or bizarrely by bicycle), but not on horseback or by motor vehicle. The right of way on a public road is for foot, horses, bicycles, cars etc, but not (I think) for hovercraft. And so on. My neighbour has a right of way over a small part of my garden, but no-one else has.
Thus for a beach between high and low watermark (and I haven't researched this, nor do I intend to do so!), there might be a general right of access on foot for everyone, rights of access for launching fishing boats limited to particular householders who have exercised those rights long enough to acquire them, rights of access for fishing for members of the Worshipful Company of Cocklers (Morecambe Bay branch but not other members) etc. etc. On some beaches there may, for historical reasons, be no rights for anyone but the landowner.
This is because most English law is not based on some theoretically coherent code (cf. France and Germany), but instead on legal recognition of particular examples, some of which then become codified in legislation. So if you ask a lawyer, "Can I land on a beach", he or she will reply "Which beach?" and then make a living by researching for you the law about that particular beach.
I believe that in Scots law there is a general right of access to unenclosed land, on which the new English law right to roam was based. However, only a Scots lawyer could tell us if beaches fall under this law, and if so whether roaming on them with an aircraft is or is not a trespass.
As I posted above, in an emergency all this ceases to apply, though I wouldn't care to say whether landing next to a nuclear power station would be forgiven on grounds of emergency.
or if you hit it, 
Thus for a beach between high and low watermark (and I haven't researched this, nor do I intend to do so!), there might be a general right of access on foot for everyone, rights of access for launching fishing boats limited to particular householders who have exercised those rights long enough to acquire them, rights of access for fishing for members of the Worshipful Company of Cocklers (Morecambe Bay branch but not other members) etc. etc. On some beaches there may, for historical reasons, be no rights for anyone but the landowner.
This is because most English law is not based on some theoretically coherent code (cf. France and Germany), but instead on legal recognition of particular examples, some of which then become codified in legislation. So if you ask a lawyer, "Can I land on a beach", he or she will reply "Which beach?" and then make a living by researching for you the law about that particular beach.
I believe that in Scots law there is a general right of access to unenclosed land, on which the new English law right to roam was based. However, only a Scots lawyer could tell us if beaches fall under this law, and if so whether roaming on them with an aircraft is or is not a trespass.
As I posted above, in an emergency all this ceases to apply, though I wouldn't care to say whether landing next to a nuclear power station would be forgiven on grounds of emergency.
or if you hit it,
Join Date: May 2001
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I believe that in Scots law there is a general right of access to unenclosed land
we did on quite a few.
Whether the same is true of scottish beaches I dont know, but it would seem logical.
Wtih floats it makes me wonder if the position is any different if you land on the water just off the beach.
Join Date: Jun 2006
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Fuji,
Although the Scottish Lochs are stunningly beautiful there are large differences in population density between the pretty bits of Scotland (mainly very sparsely populated except Loch Lomond in the summer) and the south coast of England. Most of the Scottish populus live in and around the central belt and as soon as you get north of the Trossachs there is almost nobody around - which is probably why it is so unspoilt up there.
The other reason why you didn't get reported may have been that it was too cold, wet and windy to hold a damp pen to a blowing, soggy piece of paper in a frozen hand long enough to get your registration down!
Stereotypes, moi?
SB
Although the Scottish Lochs are stunningly beautiful there are large differences in population density between the pretty bits of Scotland (mainly very sparsely populated except Loch Lomond in the summer) and the south coast of England. Most of the Scottish populus live in and around the central belt and as soon as you get north of the Trossachs there is almost nobody around - which is probably why it is so unspoilt up there.
The other reason why you didn't get reported may have been that it was too cold, wet and windy to hold a damp pen to a blowing, soggy piece of paper in a frozen hand long enough to get your registration down!
Stereotypes, moi?
SB
Join Date: May 2001
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The other reason why you didn't get reported may have been that it was too cold, wet and windy to hold a damp pen to a blowing, soggy piece of paper in a frozen hand long enough to get your registration down!
One loch we landed on was a three hour hike from the nearest track, and the hot chocolate brewed on the shore was most welcome.
Mind I wasnt condoning the landing on lakes etc just told that was the way it was in Scotland - doubt you would find any lochs in southern England and for that matter any water not owned by someone with other ideas about how it should be used
.
If I recall correctly, the trespass laws are quite different in England and Scotland.
In England you need landowners permission, in Scotland the landowner must have specifically excluded you (hence there are far more hiking options in Scotland).
G
In England you need landowners permission, in Scotland the landowner must have specifically excluded you (hence there are far more hiking options in Scotland).
G
