Q&As

My client is buying a freehold profit à prendre in gross relating to shooting rights affecting neighbouring property. How can I establish the extent of what is implied into 'shooting'?

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Published on LexisPSL on 19/11/2015

The following Property Q&A provides comprehensive and up to date legal information covering:

  • My client is buying a freehold profit à prendre in gross relating to shooting rights affecting neighbouring property. How can I establish the extent of what is implied into 'shooting'?

We refer you to Halsbury's Laws of England > ANIMALS (VOLUME 2 (2008)) > 4. GAME RIGHTS > (1) OWNERS' AND TENANTS' RIGHTS > (ii) Tenants' Rights > A. IN GENERAL 768. Shooting tenant's rights.

We also refer you to Halsbury's Laws of England > ANIMALS (VOLUME 2 (2008)) > 4. GAME RIGHTS > (1) OWNERS' AND TENANTS' RIGHTS > (i) Owners' Rights > 763. Rights of owner-occupier. This states that:

Where an owner-occupier of land reserves to himself the rights over the game on the land, then subject to the general protective provisions of the law in the interests of wildlife he may kill and take such game whenever and however he pleases. Where an owner-occupier grants the game rights over his land to another, the latter may exercise those rights in the same manner and to the same extent as the owner.

See too Encyclopaedia of Forms and Precedents/AGRICULTURE vol 2(2)/PART 1: AGRICULTURAL LAND AND FARMING/(C) Commentary/(4) SPORTING RIGHTS/74 Nature of sport

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