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’.
Citations:
[1610] Dav 149
Jurisdiction:
England and Wales
Cited by:
Applied – Duke of Somerset v Fogwell 1826
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 . .
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, Constitutional
Updated: 05 May 2022; Ref: scu.269747
