seashore

The 'seashore' is that well-defined area, lying between high-water mark and the low-water mark, of waters in which the tide daily ebbs and flows.

That space of land on the border of the sea which is alternately covered and left dry by the rising and falling of the tide; or, in other words, that space of land between high and low water mark. Harg. Tr. 12; 6 Mass. 485, 439; 1 Pick. (Mass.) 180, 182; 5 Day (Conn.) 22; 12 Me. 287; 2 Zab. (N. J.) 441; 27 Eng. Law & Eq. 242; 4 De Gex. M. & G. 206. See "Tide;" "Tide Water." ed" is used, in connection with "improved," to denote lands of which actual possession was taken. 5 Pet. (U. S.) 468.

That space of land on the border of the sea which is alternately covered and left dry by the rising and falling of the tide; or, in other words, that space of land between high and low water mark. Hargrave, St. Tr. 12; Shively v. Bowlby, 152 U. S. 1, 14 Sup. Ct. 548, 38 L. Ed. 331; Bell v. Chapman, 40 Conn. 382, 16 Am. Rep. 51, n; Hathaway v. Wilson, 123 Mass. 361; Galveston v. Menard, 23 Tex. 358; Long Beach Land & W. Co. v. Richardson, 70 Cal. 206, 11 Pac. 695; Martin v. O’Brien, 34 Miss. 21. See Tide; Tide- Water. In a deed, seashore is equivalent in its strict legal sense to foreshore and means the land between medium high and low water mark; [1905] 2 Ch. 164. At common law, the sea-shore, in England, belongs to the crown; in this country, to the state; 3 Kent 347; 27 E. L. & E. 242; Storer v. Freeman, 6 Mass. 435, 4 Am. Dec. 155; Com. v. Charlestown, 1 Pick. (Mass.) 180, 11 Am. Dec. 161; Brookhaven’s Trustees v. Strong, 60 N. Y. 56; Pollard’s Lessee v. Hagan, 3 How. (U. S.) 221, 11 L. Ed. 565; Bell v. Gough, 23 N. J. L. 624. In England, the sovereign is not the absolute proprietor, but holds the sea-shore subject to the public rights of navigation and fishery; and if he grants it to an individual, his grantee takes subject to the same rights; Phear, Rights of Water 45; Ang. Tide-Wat. 21. So in this country it has been held that the rights of fishery and navigation remain unimpaired by the grant of lands covered by navigable water; Wilson v. Inloes, 6 Gill (Md.) 121. But the power of the states, unlike that of the crown, is absolute except in so far as it is controlled by the federal Substitution; Ang. Tide-Wat 59. The states,' therefore, may regulate the use of their shores and the fisheries thereon, provided such regulations do not interfere with the laws of congress; Corfield v. Coryell, 4 Wash. C. C. 371, Fed. Cas. No. 3230; Smith v. Maryland, 18 How. (U. S.) 71, 15 L. Ed. 269; Townsend v. Brown, 24 N. J. L. 80; Wilson v. Black-Bird Creek Marsh Co., 2 Pet. (U. S.) 245, 7 L. Ed. 412. And see Tide-Water; River; Fishery. The public right of fishing includes shrimping and gathering all shell-fish or other fish whose natural habitat is between high and low water mark; Peck v. Lockwood, 5 Day (Conn.) 22; 2 B. & P. 472; Moore v. Griflln, 22 Me. 353. In Massachusetts and Maine, by the colony ordinance of 1641, and by usage arising therefrom, the proprietors of the adjoining land on bays and arms of the sea, and other places where the tide ebbs and flows, own to low water mark, subject to the public easement, and not exceeding one hundred yards below high water mark; Sale v. Pratt, 19 Pick. (Mass.) 191; 3 Kent 429; Dane, Abr. c. 68, a. 3, 4. It was a question whether this ordinance extended to New Hampshire; Nudd v. Hobbs, 17 N. H. 527. A description of lands extending to the seashore will not include the shore itself; Niles v. Patch, 13 Gray (Mass.) 257; Littlefield v. Maxwell, 31 Me. 134, 50 Am. Dec. 653. A conveyance of a wharf has been held to Cush. (Mass.) 66; and as an Incident sea weed cast upon them is prima facie an appurtenant belonging to the owner of the soil; East Hampton v. Kirk, 6 Hun (N. Y.) 257; Phillipps v. Rhodes, 7 Mete. (Mass.) 322. See Lake; Wharf. See an article by Frederic R. Coudert in Col. L. Rev. (March, 1909), reviewing the cases. An owner of land bounded by the sea has a private right of access thereto for the purpose of navigation, and this, even when the foreshore is left bare by the tide; [1906] Ir. R. Ch. Div. 519. By the Roman law, the shore included the land as far as the greatest wave extended in winter; est autem littus marls quatenus hibernus fluctus maximus exenrrit. Inst. 1. 2, t. 1, s. 3. Littus publicum est eatenus qua maxime fluctus excestuat. Dig. 50. 16. 112. The Civil Code of Louisiana seems to have followed the law of the Institutes and the Digest; for it enacts, art. 442, that the “seashore is that space of land over which the waters of the sea are spread in the highest water during the winter season.” See 5 Rob. 182; Dougl. 425; 2 Rolle, Abr. 170; Dy. 326; 5 Co. 107; Bacon, Abr. Courts of Admiralty (A); Mobile v. Eslava, 16 Pet. (U. S.) 234, 10 L. Ed. 948; Martin v. Waddell, 16 Pet. (U. S.) 367, 10 L. Ed. 997; 5 M. & W. 327; Moore v. Griffin, 22 Me. 350; Coul. & F. Waters; Hale’s De Jure Maris, given in full in Hale, Sea Sh. and for the most part in Mather v. Chapman, 40 Conn. 382, 16 Am. Rep. 54; Foreshore.