Profit à prendre

The Supreme Court allowed in part an appeal regarding the geographical extent of a prescriptive right of a several fishery. If a right over land, the identity of which shifted, could be the subject of an express grant, then it followed that there was no reason why that should not apply equally to a right over land obtained by prescription. The seaward boundary of the area subject to the right was the lowest astronomical tide mark from time to time. The area did not include sandbanks that had become attached to the foreshore within living memory either because the right applied to the foreshore as constituted from time to time or through the doctrine of accretion.