Scottish Court of Session Decisions

Subject_1 PROPERTY.

Town of Nairn
v.
Brodie, Lord Lyon

Date: 28 July 1738
Case No. No 13.

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The river of Nairn, which runs into the sea through the property of the Town of Nairn, and at the mouth of which the Town had a stell fishing, having, upon a sudden speat, changed its course, and made a new channel for itself through the Lord Lyon's lands, the point of right came to be tried before the Lords, whether the Town of Nairn had right, by means of a bulwark, built within their own ground, to bring back the river to its former channel. It was agrued, That a public river, having, of itself, changed its course, it cannot be brought back by any party pretending prejudice by the change, because such river is not the private property of any person. In answer. The case was figured of a harbour deserted by a river; but then a harbour is a private property, and he who has right to the end has right to the means. Upon a division it carried, that the Town of Nairn had right to build the bulwark. See Appendix.

Fol. Dic. v. 2. p. 274.