Acquiring and Disposing of Fisheries and Problems of Ownership

Simon Jackson Solicitors have many years of experience in the acquisition and disposal of fishing rights, whether still water or river fisheries, by lease, licence or outright purchase.  In some cases land adjacent to the fishery and the bed of the fishery is acquired, in others, just the fishing rights themselves.  Specialist advice helps guide angling interests through this complex area.

Issues arising when you acquire a fishery can include:-

• Ensuring you have adequate access to the fishery and car parking facilities.
• Responsibility for stock fencing.
• Responsibility for bank maintenance and control of vegetation.
• Rights and obligations as to stocking and maintenance of the fishery.
• Advising on the rights of adjacent owners on your water.
• The need for planning permission and highways approval for the development of new fisheries.

Once you have acquired a fishery problems and queries can still arise.  These can include:-

• Advice as to rights when one party owns the bed of the river and another the right of fishing.
• Boundary disputes with adjoining owners – giving you advice as to what you own and what you are responsible for.
• Advice concerning rights to water and abstraction rights.
• Advice about discharges into rivers from other owners.
• Advice on fishery limits and the “medium filum” rule.
• Disputes with canoeists and other boat users.
• Dealing with trespassers and poachers.