Where a subject is owner of a several fishery in a navigable river, where the tide flows and reflows, granted to him (as must be presumed) before Magna Charta, by the description of ‘separalem piscariam,’ that is an incorporeal and not a territorial hereditament, and a term for years in it cannot be created without deed. Semble, that the owner of a several fishery, in ordinary cases, and where the terms of the grant are unknown, may be presumed to be owner of the soil.
Citations:
(1826) 5 B and C 875, [1826] EngR 601, (1826) 108 ER 325
Links:
Jurisdiction:
England and Wales
Citing:
Applied – The Case of the Royal Fishery of the Banne 1610
A royal fishery did not pass by a general grant of all fisheries, because general words in a grant did not pass ‘special royalty which belongeth to the Crown by prerogative’. . .
Cited by:
Cited – Crown Estate Commissioners v Roberts and Another ChD 13-Jun-2008
The defendant claimed ownership as Lord Marcher of St Davids of historical rights in foreshores in Pembrokeshire. The claimants sought removal of his cautions against first registration.
Held: Lewison J explored the history of manorial . .
Lists of cited by and citing cases may be incomplete.
Agriculture, Land
Updated: 05 May 2022; Ref: scu.269750
