Fishing rights on title

SmartinMartin

There is a condition on the deeds of our land that the former English landlord and his ancestors own the fishing rights and have access to the foreshore. It galls me to think that this could ever be enforceable. Have any of you come across this before

Pat Mustard

http://www.independent.ie/irish-news/bridge-over-troubled-blackwater-26439860.html

nuac

Fishing rights

Can be a fascinating topic. In at least one case ( at Ballyshannon ) Brehon law was quoted.

Under the Land Purchase Acts tenanted could be was vested in fee simple in the former tenants, purchase price paid via a Land Purchase Annuity. Most s.porting rights and fishing rights were excluded. Under the Land Act 1965 landowners could apply to have the shooting rights ( which appeared as burden on the folio ) cancelled on filing proof by affidavit that they had not been exercised for at least 12 years by the reputed owner. Many landowners availed of this.

This was a prescient provision by the then Minister Micheál Ó'Moráin ( a solicitor). As towns and cities expanded onto what was formerly registered land burdens on folios re fishing rights would have caused difficulties in making title to mortgagees.

Many landlords retained the fishing rights. Some managed them well. The State later acquired some of these i.e. Moy, Corrib netting rights.

SmartinMartin

Thanks for that. Not similar though, as my family own the land for the last 150 years or so. It was the only condition placed on the sale of the land. There's no real reason for seeking removal of the clause, it just sticks in my throat that, should they take the notion the great great great grandkids of an invader of this country (if they exist)
could enter our land to fish, while our own family could not, according to the clause. Practically speaking it has no effect though.

SmartinMartin

Sorry nuac, that was in answer to pats post. The Land Act 1965 seems to be a good starting point for me, thanks.

Pat Mustard

SmartinMartin wrote: »

Thanks for that. Not similar though, as my family own the land for the last 150 years or so.

AFAIK, the Duke of Devonshire also has fishing rights over other people's lands on the River Blackwater.

SmartinMartin

Unfortunately the 1965 land act excludes fishing rights:

18.—Where—


(a) lands have been registered under the Registration of Title Acts, 1891 and 1942, or the Registration of Title Act, 1964 ,


(b) on such registration the sporting rights other than fishing rights on or over such lands were reserved to a person other than the registered owner, and


(c) the said rights so reserved have not been exercised in the period of twelve years ending on the passing of this Act or in any period of twelve years ending on a date subsequent to the passing of this Act,


the said rights so reserved shall, and are hereby declared to, cease to exist on the expiry of such period and, upon application being made by any person interested the Registrar of Titles shall, if satisfactory evidence of the exercise of the said rights in such period is not forthcoming, cause the entry of the said rights to be cancelled in the appropriate register.