A and B were coterminous proprietors of lands situated on the river Tay. The description in A’s titles was ‘All and haill the just and equal sunnie half of all and haill the lands of I. . . as the same is presently occupyed and possessed by A. P. . . with the just and equal half of the salmond fishings and others fishings of the saidis lands of I.’ The description in B’s titles was -‘All and haill the quarter or fourth part of the town and lands of I . . . last occupyet be J. B., and now by myself,’ as also ‘the other quarter or fourth pairt of all and haill the said town and landis of I., .. presentlie possesset by G. L., my tenant, together with the just and equal half of the salmond fishings and other fishings of the saidis lands of I.’ Prior to 1795 the whole lands of I. were held by the predecessors of A. and B. in alternate lots or kavels, and each proprietor possessed the salmon fishing ex adverso of his respective kavels. In 1795, by decreet-arbitral, the kavels were done away with, and the lands of I. were divided into two continuous parts, the one to belong to A. and the other to B. By this decreet the salmon fishings were reserved to the parties ‘according to their present boundaries.’ Held that A and B had each an absolute right of property in the salmon fishings not ex adverso of their lands, but as reserved by the decreet-arbitral, and defined by possession.
Salmon Fishing-Crown Charter.
Circumstances in which held that a Crown grant in favour of a proprietor of the salmon fishings ex adverso of certain lands which he had acquired by excambion was inoperative, the said fishings having been formerly granted to the party with whom the contract of excambion had been carried out, the fishing not having been dealt with in the excambion, and the Crown having had no possession adverse to that of the original granters.
Citations:
[1877] UKHL 718, 14 SLR 718
Links:
Jurisdiction:
Scotland
Land
Updated: 15 July 2022; Ref: scu.639644