---
title: Officers of State v Smith
description: "Case Report: (1846) 8 D 711; affirmed (1849) 6 Bell 487 **The Facts:** Smith had erected a wall, which encroached on the seashore. The local inhabitants had become accustomed to using the seashore for recreation and it had also been…"
url: "https://scotways.com/ken/officers-of-state-v-smith/"
updated: "2025-06-05"
category: Navigation rights and rights in relation to the foreshore / Rights in relation to the foreshore
tags:
  - Access to Water
  - Case Law Navigation rights and rights in relation to the foreshore
  - Court Case
  - Rights to the Foreshore
---

# Officers of State v Smith

Case Report: (1846) 8 D 711; affirmed (1849) 6 Bell 487

**The Facts:** Smith had erected a wall, which encroached on the seashore. The local inhabitants had become accustomed to using the seashore for recreation and it had also been used for a military review. They raised the issue of restricted access to the shore with the local council.

**Decision:** The Officers of State in Scotland obtained an interdict against Smith on the basis that the public had a right of access along the foreshore, and this was confirmed on appeal. The public’s right was said to include passage, ‘or of mere enjoyment and healthful exercise’.

See also:

Darrie v Drummond (Part 2.2)
Duncan v Lees (Part 2.2)
Lauder v MacColl (Part 2.2)
Oswald v Lawrie (Part 2.2)