Cap. 16 Art. 311Definition of “immovable thing”.

(1) The words "immovable thing" or "immovable things", and the word "immovable" or "immovables" without any other addition or indication restricting their meaning, shall include both immovables by their nature, as well as immovables by reason of the object to which they refer.

(2) The "coastal perimeter" is that part of the land which lies fifteen metres from the shoreline inwards, whether it is foreshore, landmass or cliff or is a combination of them and, where the foreshore extends beyond fifteen metres, to the limit of the foreshore.

The "foreshore" is that part of the coastal perimeter, including where it exceeds fifteen metres, which is normally covered by water due to the action of the waves and the use of which is restricted by this fact. The foreshore extends up to the reach of the largest wave and, even if it lies beyond the reach of the waves, to the limits of any beach: Provided that the foreshore shall not extend over or onward of a schemed public road. For the purposes of this sub-article:

(a) a "beach" is that part of the land contiguous to the shoreline, irrespective of how far inland it extends, which is of its nature or characteristics destined for public use in accordance with its nature and in accordance with any law from time to time regulating development planning;

(b) a "landmass" or a "cliff" is that part of the coastal perimeter which is elevated from the sea, is not accessible from the sea and, or is not subject to being covered by any wave; and

(c) the "shoreline" is the land contour which is constantly in direct contact with the sea; provided that when the shoreline changes due to erosion or collapse, the baseline for calculation of the coastal perimeter shall be adjusted accordingly from time to time without prejudice to the application of any law regulating development planning.

(3) Any private titles and rights to the foreshore shall be registered in the relevant registry in accordance with applicable law prior to the lapse of ten years from the designated date.

(4) Quays, wharfs and other constructions in harbours, ports, landing places and yachting centres for the berthing of ships, yachts and other vessels used in navigation, or of aircraft, or for the attachment thereto of pontoons, floating quays, or for dockyards, roads and access paths, or other similar structures in such areas, shall be regulated by the provisions of special laws governing such things and the terms "quays", "harbours", "ports", "yachting centres" and other related terms shall have the meanings assigned to them by such special laws.

(5) Although contiguous to the sea, such quays and other constructions and the areas within harbours and ports -

(a) shall be considered to be public property, saving private titles and rights thereon; and

(b) shall not be considered to be part of the coastal perimeter for the purpose of this Code until such time as any part of such areas, belonging to the Government, are declared and registered as land in the public domain, saving private titles and rights thereon, as provided for in the Fourth Schedule.

(6) In this article:

(a) the term "designated date" shall be that date established by order in the Gazette by the Minister responsible for Lands;

(b) the term "public domain" shall have the meaning given to it in the Fourth Schedule;

(c) the term "public property" shall have the meaning given to it in article 327; and

(d) "relevant registry" means the Public Registry or the Land Registry or any successor registry.