Land Registry Fishing rights question

PaulCooper

I own a house with some land. A river borders the land (I am the Riparian owner) and have fishing rights. How do I check if anyone else has Fishing Rights over the length of river that I own?


Thanks
Paul

PaulCooper

Just wanted to get this on the front page again so the Land Registry rep might see it
Paul

Davesnave

You could do a fishing rights search at the Land Registry, but this will only tell you if others have registered their interest in the fishery, and I believe it's not the case that all such interests are registered.

Otherwise, if it's not possible to ask the previous owner, you can only challenge anyone who thinks they have such a right to provide documentary proof.

Someone might feel they have acquired such rights over a long period, much like adverse possession, but proving it would surely be difficult.

I'm currently aware of a situation like this, where the landowner has enjoyed the fishing for many years without any legal entitlement. He is now rather worried because the rights are being transferred in the winding up of an estate.

DTDfanBoy

Well as the river only borders your property the owners on the other side of the river most probably have the same rights as yourself.

Land_Registry

PaulCooper - a riparian owner is the owner of land adjoining a watercourse and the right to take something from someone else's land is known as a profit a prendre and out Practice Guide 16 explains how such rights may be registered and you can search the index map to ascertain whether this has occurred or not in respect of a specific and clearly defined area of land

I should stress though that where such a profit a prendre has been registered you will normally also find an entry noted against the affected registered titles as well but much will depend on the circumstances involved and the type of right being claimed etc.

The Practice Guide covers matters from a registration perspective so if other questions exist I would recommend seeking legal advice

PaulCooper

Thanks for the replies, especially to the Land Registry rep, although I have to say the information you directed me towards, might be a little complex and legal for a mere mortal such as me to understand. Thanks anyway
Paul

Land_Registry

PaulCooper - unfortunately the law around such things is complex and we cannot get away from that especially where rivers/fishing is concerned.

Invariably enquiries re who has what rights etc stems from an actual event so it is important, as others have posted, to think wider than simply what may appear on a registered title.

PaulCooper

Yes, I'm starting to get the plot about it being complicated. As a footnote to this, additionally I have some 'fishing rights' outside the land I own, albeit on my deeds it states these additional rights are 'reserved' My solicitor has spent over a year trying to get the rights 'confirmed' (not the word he used). I think it's coming to a conclusion, but I hate to think of the cost!


Paul