Gordonmc
Well-Known Member
The case actually centred on the rights of the Crown Estate to charge for mooring and both technically and legally mooring is the same as anchoring. It used to be common for ships to set their anchors and drop their rodes to a float to be recovered later. The legal case argued that unrestricted anchoring was protected by droit, ergo it was not legally competent for the Crown Estate to charge for moorings.
It fell, both in the English courts and, earlier, at the Court of Session in Scotland in an action brought by Shetlands Islands Council, that there could be no unregulated use of the sea-bed.
The upshot is that, with some regional variations, only the Crown Estate and riparian owners (including harbour authorities) can charge for anchoring/mooring. Conversely in some parts of the country, like stretches of the River Thames there is legislation preventing riparian owners from restricting navigation, which includes anchoring.
It comes down to challenging whoever is attempting to charge for anchoring and testing their right to do so. There is no universal right to anchor for free.
It fell, both in the English courts and, earlier, at the Court of Session in Scotland in an action brought by Shetlands Islands Council, that there could be no unregulated use of the sea-bed.
The upshot is that, with some regional variations, only the Crown Estate and riparian owners (including harbour authorities) can charge for anchoring/mooring. Conversely in some parts of the country, like stretches of the River Thames there is legislation preventing riparian owners from restricting navigation, which includes anchoring.
It comes down to challenging whoever is attempting to charge for anchoring and testing their right to do so. There is no universal right to anchor for free.