How do I know whether I own fishing rights?
In the absence of an express agreement or deed explicitly stating the ownership of fishing rights, there is a presumption known as ‘ad medium filum’. This presumption states that where a landowner’s property borders a stream or river, that the landowner owns the land extending to the middle of the river. Where the land on either side of the river or stream is in separate ownership, each owner owns up to the middle of the river. This presumption only applies to non-tidal rivers or streams.
Fishing rights can be sold, leased or licensed by the owner of the riverbed to a third party. Ownership of the adjoining land and the ownership of the fishing rights do not always belong to the same people.
Who owns the fishing rights in tidal waters?
In tidal rivers and streams, the riverbed belongs to the Crown but is subject to public rights of navigation and fishing. In practical terms, this means members of the public may have a right to fish in tidal waters. That right is however limited to the fishing itself and does not necessarily include any right to access private land, cross private banks, or use private access points in order to reach the water.
We are able to assist with the following fishing related matters:
- Fishing leases and licences.
- Sale and purchase of fishing rights.
- Title investigations, land registration and advice in relation to the ownership of fishing rights.
- Easements formalising rights in respect of fishing arrangements, for example in relation to access to riverbanks.
For further advice on fishing rights, please do get in touch with a member of our Agricultural Team on 01524 846846.
