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Thread: Access rights for excxcercising fishing rights

  1. #1

    Access rights for excxcercising fishing rights

    Hi all,

    I know it's not shooting related but close enough! But can any one confirm legislation regarding access to the river (Scotland) to exercise ones right to fish for salmon. Basically you own the fishing but not the land. Legally what legislation covers you? Section and paragraph of the relevant law would be great.

    Scottish governments website had this Fishing Rights

    Which states clearly "Where the right is held separate from the land, the proprietor of the right has an implied right of access for the purpose of exercising his right to fish for salmon".



  2. #2
    "Right of title"
    the proprietor of salmon angling rights has an implied right of access to the river bank.
    sorry, can't find section or paragraph.

  3. #3
    " The right of access must be exercised so as to cause the least prejudice to the riparian proprietor and cannot be extended beyond what is necessary for the proper enjoyment of the fishings. "

  4. #4
    Under the Land Reform (Scotland) Act 2003, access rights are granted to the public to cross land. This right
    must be exercise ‘responsibly’. The right is not exercisable over land forming part of a ‘private curtilage’ ie
    the private space around someone’s house nor is it exercisable over fields of sown or growing crops. The
    act does not confer any right to fish, which is consistent with the fact that historically Scottish courts have
    held that lawful access to a private river or loch does not give the public a right to fish.

  5. #5
    Thanks Elmer, I'd actually found the answer months ago and forgot all about posting this thread!

    In simple terms access to fishing rights over another persons land is held in and regarded as an implied right (servitude). The example put to me from the subect matter expert legal eagle was that if I sold you the fishing right to the river that passes through my land I would be automatically allowing you access to such right and whether or not the fishing right was sold by the person who's land surrounded the fishing was irrelevant.

    The land reform act as you mention does not allow access for fishing as you mention but that's to cover a whole other ball game.



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