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Post by NigelMoore on Nov 24, 2016 10:06:22 GMT
Has the judge ruled on this today? it looks as though she has on the other channel and EA have won the case As you may have noticed since, Alan was a little behind the times.
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Post by NigelMoore on Nov 25, 2016 17:54:43 GMT
Alistair was around the other night, to discuss various points of law and potential defences for the future. He and I are never going to agree over the fact that the common law gives no rights [as does the Roman Civil law code] of access to the banks of navigable rivers; he believes that [in effect] the Justinian Code applies.
Justinian, Book 2, Title 1, Of the Classification of Things &c
Section III. — Sea-shore, is that tract of land over which the highest winter's tide extends itself.
Section IV. — By the Law of Nations, the use of the banks of a river is public, just as is that of the river itself. Thus every one has a right to bring his vessel to the bank ; to tie ropes to the trees that grow there, or to place any portion of his cargo on it, just as much as he has to navigate the river itself. But still, the property of the banks is vested in those who are proprietors of the land which they adjoin ; for which reason, the trees which grow upon them belong to those proprietors.
Section V. — The use of the shores of the sea is as public, and common to all men as is the sea itself; therefore any person is permitted to build a house there, for his habitation, or to dry his nets, and draw up anything from the sea upon the shore. The property of the shore, however, must be understood to be vested in no individual, but to partake of the same legal nature as the sea itself, and the soil or sand which is beneath it.
Both precepts, albeit recognised to some degree in the earliest treatises, underwent considerable and emphatic modification in the course of litigation through the 18thC courts. Ball v Herbert in 1789 considered the rights of the public to use the banks of navigable rivers [for towing in that instance] and concluded that in the English common law no such rights existed. Using the Thames as an example, Ashhurst, J concluded: “The state of the banks of the Thames also affords a strong argument against this common law right; for if it exist, all the houses built on those banks must be considered as nuisances.”
When considering the differences between Roman Law and the English law, it must be borne in mind that the Justinian code was only published centuries after the Romans had left Britain, and the Justinian Codes were only rediscovered by Europeans in the 12thC. The English Common law had developed between those times, although an element of influence cannot be discounted.
It is a curiosity that the USA has some states where BOTH legal systems hold sway, due to having been Spanish territories governed by “Las Siete Partidas” – the Spanish Civil Code of Alphonso the Great, drafted according to the Justinian Code. This has given rise to interesting situations where the two systems – as with this question of public access to private banks – conflict.
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Post by alistert on Feb 8, 2017 20:36:08 GMT
Yes I passed the boats several times this year and over the last 8 or so years I have noticed them as a very obvious feature of the lower part of the non tidal Thames. The whole thing is an intriguing story. In a way I quite like the return to "Houseboating" on the River but these boats, while perhaps being a little reminiscent of the old days, were a bit too "shanty" in appearance and bound to draw attention. I used to go down in my dinghy to Teddington Lock from Hampton Wick (where I lived) in the 80s very regularly and there was only one or two boats on the mooring above the lock cut. Things have changed dramatically in the last 30 or so years. I would like to see more residential moorings constructed on the River as I like boats but I doubt it will happen. Was very glad to find that I am allowed to stop the night at Ham - that is a Good Thing as far as I am concerned.
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Post by Deleted on Feb 8, 2017 21:27:18 GMT
Hello
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