Michael Healy-Rae
Question:363. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government the position regarding reclaiming land that is washed away by coastal erosion. [6445/14]
View answerTuesday, 11 February 2014
Questions (363)
Written answers
The Foreshore Act 1933 defines foreshore as the bed and shore, below the line of high water of ordinary or medium tides, of the sea and of every tidal river and tidal estuary and of every channel, creek and bay of the sea or of any such river or estuary and the outer limit of the foreshore is to be determined in accordance with section 1A of the Foreshore Act.
The State Property Act 1954 vests ownership of the foreshore in the Minister for Public Expenditure and Reform on behalf of the State. There is a legal presumption that the State owns all of Ireland’s foreshore unless it can be shown that it has been the subject of a grant of title or has been adversely possessed over a period of time. The burden of proof of ownership rests on the claimant.
According to settled case law, when the sea gradually and imperceptibly encroaches upon the adjoining land through the process of natural erosion a new area of foreshore may be created. In such a case ownership of the land inundated by the sea may transfer from the owner of the adjoining lands to the State as the owner of the foreshore. Where, however, the movement of water is sudden or temporary, there may be no change in the ownership of the property in question.
Each case of coastal erosion varies according to local circumstances. Determining if any change of ownership of lands has occurred as a result of the erosion requires a detailed examination of each situation on its own merits. My Department can advise on specific cases if details are provided.