The court said how unfortunate it would be if the owner of an exclusive fishery were forced to insist on his rights by reason of a fear that tolerated fishing by members of the public might crystallise into a public right of fishing, which it would not do.
Judges:
Bowen LJ
Citations:
[1891] 2 Ch 681
Jurisdiction:
England and Wales
Cited by:
Cited – Barton v The Church Commissioners for England ChD 15-Dec-2008
The commissioners claimed a right by prescription to all fish to be taken in a stretch of the River Wye. The claimant was to moor a barge on the river.
Held: The court explained the nature and legal status of fisheries in the law going back to . .
Footnote – Smith v Andrews 1891
. .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 21 August 2022; Ref: scu.279923
