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Legal matters

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Who owns the beach in front of my house

189 replies

Beachlife55 · 25/06/2024 05:38

Anyone know anything about the use of the foreshore? I live next door but one to a restaurant and face the beach. The restaurant have just put 2 huge tables wit attached seating so not moveable, along with windbreak and parasols, on the beach directly in front of my house. I asked the Planning department and they said the restaurant was fine to do this as it's an area that people socialise in already. They already have tables on the pathway in front of their restaurant. To me this sounds dodgy and I am trying to pursue it by finding out about beach ownership. I think I read somewhere that the property owner owns the beach above the high water mark in front of their house, and the Crown owns it between high and low water mark. And it can't be used for commercial purposes. Looking for advice before I take this further but don't know what to do next.

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TwoLeftSocksWithHoles · 25/06/2024 06:21

I believe that the Crown decided that they own the beach between the high and low water marks (because William the Conqueror stole it in 1066), but you would need to check your deeds to see the area that belongs to the property. It won't automatically be yours.

User478 · 25/06/2024 06:56

It's not yours, and it's not the restaurants' either.

Ask them to move their stuff? Or lucky you, a new table and seating willfully abandoned just outside your house!

Tarquina · 25/06/2024 06:57

It's almost certainly owned by the crown. Get some friends around bring your own bottle and go and sit out there, there's not a damn thing they could do about it.

SquishyGloopyBum · 25/06/2024 07:05

I'm not sure whether this would come under licensing. You need pavement licence for outdoor tables.

Also, if they are serving alcohol, might be worth checking their alcohol licence terms.

testing987654321 · 25/06/2024 07:57

You can find out ownership by doing this:

www.gov.uk/get-information-about-property-and-land/search-the-index-map

testing987654321 · 25/06/2024 07:58

That would give you some info to start with.

LakeTiticaca · 25/06/2024 08:25

Why haven't the restaurant put it front of Thier property? I don't understand. Can you do a diagram?

prh47bridge · 25/06/2024 09:13

It isn't as simple as saying the Crown owns the foreshore. The Crown Estate owns around 55% of the foreshore (i.e. the land between mean high water and mean low water) in England and Wales, with the rest owned by the National Trust, English Heritage, local authorities and various others.

Beachlife55 · 25/06/2024 11:11

LakeTiticaca · 25/06/2024 08:25

Why haven't the restaurant put it front of Thier property? I don't understand. Can you do a diagram?

They have tables in front of theirs!

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Beachlife55 · 25/06/2024 11:13

Tarquina · 25/06/2024 06:57

It's almost certainly owned by the crown. Get some friends around bring your own bottle and go and sit out there, there's not a damn thing they could do about it.

They are being a bit cheeky and have notices saying you can't sit there - at the very least this is public space so can't see how they can stop people sitting there with their own stuff! It's not even in front of their restaurant but one and two doors down!!

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Mrsjayy · 25/06/2024 11:16

Beachlife55 · 25/06/2024 11:13

They are being a bit cheeky and have notices saying you can't sit there - at the very least this is public space so can't see how they can stop people sitting there with their own stuff! It's not even in front of their restaurant but one and two doors down!!

I'd put your own patio set maybe an egg chair on the beach near their table so you can also enjoy the beach ⛱️ 😉

BoudiccaOfSuburbia · 25/06/2024 11:33

Light a BBQ in the middle of it all.

Pending establishing the proper legal position.

If the council said it’s an area where people already socialise… socialise!

Dog ball games. Kids with a super soaker, frisbee etc. presumably your neighbours on either side would help?

Beachlife55 · 25/06/2024 11:34

BoudiccaOfSuburbia · 25/06/2024 11:33

Light a BBQ in the middle of it all.

Pending establishing the proper legal position.

If the council said it’s an area where people already socialise… socialise!

Dog ball games. Kids with a super soaker, frisbee etc. presumably your neighbours on either side would help?

Love these points that's exactly right - it's a space for the public to socialise - as you do on beaches!

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Savemykitchen · 25/06/2024 11:37

Have you actually spoken to the restaurant? They may be reasonable and move them.

Alternatively if the council have said it's a free for all, just move the table yourself and plonk something of yours there.

WindsurfingDreams · 25/06/2024 11:39

prh47bridge · 25/06/2024 09:13

It isn't as simple as saying the Crown owns the foreshore. The Crown Estate owns around 55% of the foreshore (i.e. the land between mean high water and mean low water) in England and Wales, with the rest owned by the National Trust, English Heritage, local authorities and various others.

Yes this is a better description.

And then the LA would get involved in licensing then restaurant/their use of outdoor space

WindsurfingDreams · 25/06/2024 11:40

Agree with just getting yourself out there and having a BBQ or similar. I don't see what they could do about that

unbelieveable22 · 25/06/2024 11:40

Surely they cannot just claim possession?
They are not very respectful of their neighbours. Have you spoken to other residents and/or businesses?
Would love to know the legal position if someone has an accident or even what their insurance company would say if there's a claim. Classic CF & entitled.

WindsurfingDreams · 25/06/2024 11:41

I'd also be minded to contact my local councillor

BoudiccaOfSuburbia · 25/06/2024 11:58

I think the council are being pathetic and ridiculous. Of course commercial activity is not allowed carte Blanche wherever ‘people socialise’

I would write to the licensing dept, make it very clear that they are running a commercial business on this land, serving alcohol ?, and have installed permanent immovable tables.

And forward the e mail to your local Councillors, saying you have had what you believe to be an unsatisfactory response from planning. And point out that they are already blocking a public footpath in front of their own property.

Foreshore ownership not really relevant as I guess they are not placing tables between high and low water mark.

BobandRobertaSmith · 25/06/2024 12:00

It isn’t “socialising” though, it’s running a business. I would be shocked if they don’t need the permission of whoever owns the beach.

Have you actually asked the restaurant to move the tables?

I would try reasoning with the restaurant first before taking the official route but…

If all else fails… do you have a front garden where you could keep your stinky bins or a compost heap? Any friends who smoke? Rotting seaweed and drying fish are somewhat pungent. A child who listens to Baby Shark on repeat…

Beachlife55 · 25/06/2024 12:12

unbelieveable22 · 25/06/2024 11:40

Surely they cannot just claim possession?
They are not very respectful of their neighbours. Have you spoken to other residents and/or businesses?
Would love to know the legal position if someone has an accident or even what their insurance company would say if there's a claim. Classic CF & entitled.

Great points which I will raise. Unfortunately they have been quite intimidating in the past so it's working out the best way to move forward. And I think other businesses are supportive - if one can do it then so can others - is the thinking. But I am going to talk to neighbours this week and see how things progress.

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Beachlife55 · 25/06/2024 12:21

BobandRobertaSmith · 25/06/2024 12:00

It isn’t “socialising” though, it’s running a business. I would be shocked if they don’t need the permission of whoever owns the beach.

Have you actually asked the restaurant to move the tables?

I would try reasoning with the restaurant first before taking the official route but…

If all else fails… do you have a front garden where you could keep your stinky bins or a compost heap? Any friends who smoke? Rotting seaweed and drying fish are somewhat pungent. A child who listens to Baby Shark on repeat…

Yes quite. I have asked them previously when their tables/customers were blocking my gateway to the side - and they acted in an intimidating way. So.... I am exploring other routes. Ownership of the beach seems complicated but I am pursuing that - maybe it's not, and I'm not looking in the right places. The Land Registry is not clear so I need to ask more questions there. Historically it has been a busy and a popular spot with locals and visitors socialising but as you say it's running a business. And in doing so is actually preventing socialising - unless you are a patron of the restaurant. Why should locals be prevented from using this public space though is my question? They have notices on the tables saying you can't use them for your own food and drink, so unless you are a customer! Anyhow I'm pursuing it and responses here are helpful so thanks. I'm not sure of the legal position on this - yet.

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Springwatch123 · 25/06/2024 12:23

Sorry, this a troll thread as there’s not a DIAGRAM!

Beachlife55 · 25/06/2024 12:24

Savemykitchen · 25/06/2024 11:37

Have you actually spoken to the restaurant? They may be reasonable and move them.

Alternatively if the council have said it's a free for all, just move the table yourself and plonk something of yours there.

I have tried previously and they were quite intimidating. This is new though. They are not reasonable. The tables are oversized and have attached seating - way to heavy to move. This is no accident!

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