§ MR. MACFARLANE (Argyll)
I beg to ask the President of the Board of Trade if the proprietor of the Ballachulish Pier has obtained a prescriptive right by the undisputed possession for 30 years, the public also having had the right of undisputed and unrestricted access for the same period, have not also obtained a prescriptive right, of which they cannot now be deprived; whether he is aware that the fence now erected is within high water mark, and consequently upon the foreshore, which belongs to the Crown; and whether he will order its removal?
§ THE SECRETARY TO THE BOARD OF TRADE (Mr. BURT,) Morpeth
The question whether the public have obtained a prescriptive right in the matter of Ballachulish Pier is a legal one, which I am not competent to decide. The second and third paragraphs of the hon. Member's question were answered on the 26th of last month. The fence is, as I am assured, not on foreshore, but on private property above high water mark; and the Board of Trade have no power to order its removal.