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DetectingScotland.com - Metal Detecting in Scotland, UK » Forum » Detecting Discussions » Beach Detecting » Permits are not needed

Author Topic: Permits are not needed  (Read 3001 times)

GordonW

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Re: Permits are not needed
« Reply #15 on: November 06, 2016, 08:47:46 PM »
From the Crfown Estate website;
At present maps are not available for foreshore in Scotland, however in contrast to England, Wales and Northern Ireland, there is a general right of access for the public to all beaches and foreshore including those owned by The Crown Estate. Anyone wishing to detect on foreshore in Scotland should read and abide by the Scottish Outdoor Access Code to ensure they are doing so responsibly

However up here in Shetland it is different again.

The foreshore in Orkney and Shetland
Because of the implications of udal law, special considerations apply to the mapping of coastal titles in Orkney and Shetland. The legal assumption is that a udal title adjoining the coast will include the foreshore. The Crown has no prior right to the foreshore under udal law. Where coastal udal titles are recorded in the sasine register, they will normally describe the foreshore verbally, rather than by reference to a deed plan.
Under udal law, the title to the foreshore extends to 'the lowest ebb'. This may fall at a lower point than the mean low water mark of ordinary spring tides (MLWS). The keeper does not consider that it would be realistic for her to attempt to identify the precise extent of the 'lowest ebb' in individual cases. Accordingly, titles in Orkney and Shetland that are stated to include the foreshore should be mapped to the MLWS as shown on the current OS. This instruction applies to all titles in Orkney or Shetland which are stated to include foreshore and which do not derive from a Crown grant.


In short the landowner owns to the low water mark meaning you should have their permission.
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feelau

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Re: Permits are not needed
« Reply #16 on: November 07, 2016, 10:14:15 AM »
Better being safe than sorry, and it is free   :)
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