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 1193. In this case, the Commissioners had established, in reliance on the legal principles as to prescription, a right to a several fishery, in gross, without stint in the disputed waters.
Morgan J
[2008] EWHC 3091 (Ch)
Bailii
England and Wales
Citing:
Cited – Mellor v Spateman 1669
A corporation may prescribe to have a common of pasture. . .
Cited – Hayward v Chaloner CA 1968
The alleged tenant (the rector of a parish) knew that rent should have been paid but had not paid it. ‘Only one of the previous rectors gave evidence. He was the Rev. Richard Phillips (dates) He knew the rectory cottages and said that the land . .
Cited – Shuttleworth v Le Fleming 1865
The provisions of the Prescription Act 1832 do not apply to profits a prendre in gross. . .
Cited – Johnson v Barnes 1873
A corporation may prescribe to have an exclusive right of pasture. . .
Cited – Tilbury v Silva 1890
The evidence of user necessary to induce the court to presume a lost modern grant should be stronger than that upon which the court will presume a grant based on immemorial user. . .
Cited – Goodman v Mayor of Saltash HL 1882
A gift was made of a right to fish to the freemen of the Borough of Saltash.
Held: The gift was as valid as a charitable gift as would be a gift to the inhabitants of the locality in general. When long and continuous enjoyment is established, . .
Cited – Lord Chesterfield v Harris HL 17-Jul-1911
The House considered the nature and ownership of fishing rights on the River Wye. Freeholders in adjoining parishes had been fishing a non-tidal portion of the river for centuries, not by stealth or indulgence, but openly, continuously, as of right . .
Cited – Lord Chesterfield v Harris ChD 18-Nov-1906
A claim was made to an unlimited right of fishing on the River Wye, said to be vested in the freehold tenants of the manor and to have been acquired by prescription.
Held: The claim was to a right in the nature of a profit a prendre, and was . .
Cited – Lord Chesterfield v Harris CA 27-Jun-1908
The court considered the acquisition of a profit a prendre of fishing, by prescription over a stretch of the River Wye.
Held: Lord Chesterfield’a appeal succeeded. To be valid, a profit appurtenant must, as I have said, be limited and that . .
Cited – Malcomson v O’Dea 1863
In considering a claim to have acquired a right by prescription it is relevant to investigate acts of ownership asserted in relation to the right which is claimed as well as acts of enjoyment or user of the right. . .
Cited – Roberts v Swangrove Estates Ltd and Another ChD 14-Mar-2007
The court heard preliminary applications in a case asserting acquisition of land by adverse possession, the land being parts of the foreshore of the Severn Estuary.
Held: A person may acquire title to part of the bed of a tidal river by . .
Cited – Lord Advocate v Lord Lovat 1880
Lord O’Hagan considered the nature of possession as regards land: ‘As to possession, it must be considered in every case with reference to the peculiar circumstances. The acts, implying possession in one case, may be wholly inadequate to prove it in . .
Cited – Lord Advocate v Lord Blantyre HL 1879
The defender claimed ownership of land based on possession from time immemorial of foreshore and banks in the River Clyde of some 5 miles and 2 miles respectively in length and spread over some 750 acres.
Held: Lord Blackburn said: ‘Every act . .
Cited – Neill v Duke of Devonshire HL 1882
The House considered the right to a several fishery in the river Blackwater. There were letters patent granted by James I and Charles I. Held; Lord Selborne LC said: ‘These written titles (if the possession and enjoyment has been consistent with . .
Cited – Blount v Layard CA 1888
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 . .
Cited – RPC Holdings Limited v Rogers 1953
A prescriptive right of way had been enjoyed in connection only with agricultural use of the dominant land, which was a field.
Held: The way could not be used in connection with the use of the field as a caravan and camping site. Harman J . .
Cited – Staffordshire and Worcestershire Canal Navigation v Bradley 1912
. .
Cited – Smith v Andrews 1891
. .
Cited – Lovett v Fairclough 1990
. .
Cited – Lord Chesterfield v Harris CA 27-Jun-1908
The court considered the acquisition of a profit a prendre of fishing, by prescription over a stretch of the River Wye.
Held: Lord Chesterfield’a appeal succeeded. To be valid, a profit appurtenant must, as I have said, be limited and that . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 09 November 2021; Ref: scu.278845