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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have recently moved into a riverside property in Kent on

Customer Question

I have recently moved into a riverside property in Kent on the Great Stour River. Despite our neighbours having fishing rights and the fact we owned half of the river bed, we are not entitled to fish off our garden. Is this correct? How can we appeal this?
Submitted: 1 year ago.
Category: Property Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I ask who has advised you that you do not have fishing rights please?
Have exclusive fishing rights been granted to a third party for the half side of the river adjoining your land?
Customer: replied 1 year ago.

Joshua,

I bought the property on 29th September, 2014. The property was an old corn mill which was managed and eventually split into a number of small properties. Many of the other properties have fishing rights.

I found some paper work dated on 1st October 1996, which states that until fishing rights are formally granted that there are no rights of fishing in the river stour - i think from Furley Page Fielding & Barton. They acted for a Meloline Properties Limited who sold the property to a mr V Shute in 1996. The previous owner

I found a second document "imposing fresh restrictive covenants" between both parties... exlcuding any right or interest of in any respect of any fishing or fishery in any water comprised in or adjoining the property.

what are the laws in the England as i believe the Stour fishing association have fishing rights for this stretch of river?

Expert:  Joshua replied 1 year ago.
Thank you. You refer to "I found a second document "imposing fresh restrictive covenants" between both parties... exlcuding any right or interest of in any respect of any fishing or fishery in any water comprised in or adjoining the property."Could I trouble to post the full wording of the entry excluding rights please?Finally have you purchased this property and if so presumably you used a solicitor?
Customer: replied 1 year ago.

Joshua,

as below... document HM Land Registry listing the title numbers....

The Transferor: Meloline Properties

The Transferee: Mark Ellison

The Plan: attached

The Price: £25,000

The Property:

All that freehold property known as Leat Cottage Chartham Corn Mill Chartham Canterbury Kent as is for identification shown edged red on the plan TOGETHER WITH (subject to the provisions of clause 5.3) the exclusive right to park two private motor cars on the car parking area shown coloured pink on the plan BUT EXCLUDING any right or interest of in respect of any fishing or fishery in any water comprised in or adjoining the property.

Expert:  Joshua replied 1 year ago.
thank you. where you own land adjoining "non-tidal" water (i.e. a river) then there is a presumption that you own the soil up to the middle of the river unless there is evidence to the contrary contained within your title. Where you own the soil up to the middle of the river, there is also a presumption that you own fishing rights to that area of water and so the starting point here is a presumption that you own both the soil to the middle of the river and fishing rights to the same area. However, unfortunately based on what you have kindly posted above, fishing rights have been expressly excluded in the sale of the property. I cannot tell from what you have posted alone when the fishing rights were excluded but I suspect they were excluded many years ago, possibly upon sale of the cottage from any larger estate or even before that. Unfortunately, the effect of this entry is that you do not have any right to fish the river adjoining property because those fishing rights have been severed from the land. In the assumption you used a solicitor when you purchase the property, your solicitor should have made you aware that fishing rights were not included with the land as you are entitled to presume that fishing rights would be included as discussed above. If your solicitor did not advise you that fishing rights were excluded prior to you purchasing the property, this can amount to negligence and you may have a claim against the solicitor for financial loss being any difference in value of the property with fishing rights as opposed to without. If your solicitor did not advise you, you could consider raising a complaint with them and if not satisfied with the outcome of the complaint, referring the matter to the legal ombudsman service (link below): http://www.legalombudsman.org.uk/helping-the-public/#making-complaint Despite the above, you may still be able to apply for a licence to fish the river. You can usually make enquiries through the post office. Can I help you with anything else or has the above answered your questions satisfactorily?
Expert:  Joshua replied 1 year ago.
I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me.

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