Rights
of Navigation
Rights
of navigation have been proven to exist on the River Spey, Loch
Lomond and the River Leven. For a right of navigation to be proved,
the following criteria must apply
- There must
be evidence of use for at least 40 years.
- The river
or loch must be physically navigable by a craft reasonably understood
to be a boat.
- Navigation
is interpreted as being passage through water or makig a journey
from one place to another.
- Where a right
of navigation exists it takes precedence over all non-navigational
activities.
- To exercise
the right a person must have legitimate means of access to the
water (via a public right of way, by statute or by implied consent)
- Having a
right of navigation does nto give a right to embark and disembark,
except in emergency or where there is a legitimate means of access.
Whilst a right
of navigation puts users onto a strong legal footing, the cumbersome
nature of the legal process and the costs makes the process of asserting
a right of navigation long drawn out and expensive. In the long
run, the new access
legislation should give a "right of responsible access
to all land and inland water in Scotland" and is to be welcomed
for this inclusive approach.
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