With the news that next Thursday will see the handing down by the Court of Appeal of judgment in a test-case dispute [Port of London Authority v Ashmore] between the owner of a barge and the Port of London Authority (PLA) over who owns the section of the Thames riverbed on which the barge is moored I was put in mind of this news story in the 27 January 1934 edition of Estates Gazette.
The Port of London Authority has decided that it can no longer extend hospitality to vessels used for purely residential purposes.
Increasing numbers of people, wishing to escape the attention of local authorities and house agents, have taken up residence in house-boats, yachts and even barges in the docks.
"There is a danger of their interfering with commercial shipping," said a PLA official.
"This 'eviction order' does not extend to other parts of the river - that is, up river to Teddington and below the docks to the sea."
Before the Court of Appeal in the current case Charles Harpum said that there is no binding authority on the point and the case has "potentially wide implications" because the PLA is in the process of registering its title to the freehold of 95 miles of the tidal bed of the River Thames and many similar instances of alleged adverse possession could arise in the course of registration.
Seems that matters move pretty slowly down at the PLA.
Photo by Mark Reynolds via Flickr.
It is easy to be glib about this issue. Firstly, I would draw your attention to Part X111 (Crown Rights),Section 186 of the Port of London Act regarding those sections of the Thames riverbed where the freehold is retained by the Crown. Secondly,the statutory role of the PLA is the safe navigation of the navigable river channel, the (safe)mooring of boats/vessels to the riverbank on the tidal river is purely an issue between the riparian landlord and the boat owner. It therefore begs the questions why the PLA involved themselves in this legal issue in the first place and what ultimately is the benefit for the PLA in taking this action. Since the PLA has never been driven by altruistic motives then the answer can only be that it is for their own financial gain.