Commentary

191.3 Fishing—non-tidal waters

AGRICULTURE vol 2(2)
AGRICULTURE vol 2(2) | Commentary

191.3 Fishing—non-tidal waters

AGRICULTURE vol 2(2) | Commentary

191.3 Fishing—non-tidal waters

There is a common law presumption that the riparian owner also owns half of the bed of a non-tidal river where the river abuts his property. That owner will have a right of access over the river, and a right to fish in it. The general public has no common right to fish in waters that are not tidal. The open access rights contained within Section 2(1) of the Countryside and Rights of Way Act 2000 do not extend to a person engaging in fishing or carrying any fishing apparatus1. A person may acquire a right of

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