Graham Elliott
Senior Member & Supporter
Check out this Land for sale on Rightmove
Land for sale in HR1 for £100,000. Marketed by Jonathan Bengough, Leominster
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lets have a whip round Graham ..Check out this Land for sale on Rightmove
Land for sale in HR1 for £100,000. Marketed by Jonathan Bengough, Leominsterwww.rightmove.co.uk
I thought about sharing the information, but decided I would wait until after the Budget Craig, as it would probably leave me a bit short buying it...lets have a whip round Graham ..
So its just the fishing rights and not the land? In my experience of serving on a fishing club committee, such arrangements and fraught with danger, as when there’s a fall out with the actual landowner, things can quickly go tits up!
Access to this beat is via a public footpath referred to as "Heart Attack Hill" because it is a steep climb at the end of the day. The footpath follows the river bank.Like if the landowner refuses access to the river over his/her land - unless there are covenants / wayleaves to grant such access. Anyway, the Wye is largely dead, or dying, so unless they wipe out chicken farming don't have sleepless nights chaps.
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I think the key is to have guaranteed rights of way of x amount width from the bank regardless of river height or erosion.I can think of a number of many spate rivers in my neck of the woods where the fluvial geomorphology is so dynamic that ownership of thin strips of land adjacent to the river bank could be problematic. The River Dane between Congleton and Holmes Chapel being a good example. Lots of active meandering, rapid channel change, erosion and deposition and cut-offs, the course of the river is constantly on the move. Not so much of an issue if you own a larger block of land, but one could own a thin strip (say 10-20m wide) that 40 years later was either no longer adjacent to the river - or eroded away and somewhere in the Irish sea. Just owning the fishing rights with an appropriate access easement would be better in the long-term.
Last year I had an altercation with a woman who owned some land where my fishing association had the fishing rights. I don't know what the legal arrangements are between her and the club, but she was allowing her three very large dogs loose in shallow water and effectively ruining the fishing for at least an hour (small beat, very few alternative swims).
She went ballistic when I explained this to her and suggested she might keep the dogs out of the water, ("How dare I tell her what she can and can't do on her own land?"... I've left out the expletives). My argument was that if I rented out a house, I wouldn't expect to go around and have a barbecue in, or walk my dogs through, the garden of my tenant. That didn't help either, so I left and I won't be going back... it was a cr4ppy little beat anyway.
I'd be interested to know what the general arrangement is when an angling club has rights on certain waters (rivers) - is it usually as a tenant, or as outright owner of those rights? Or is it different, case by case?
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In that case I would imagine it doesn’t matter at all what it is any agreement, but it’s how well you managed to charm her before suggesting she’d ruined your fishing, which sounds like not very much
Thank you Neil. That is a very good point. I was Secretary of a club that had Trustees pass away or resign and no action was taken on the basis that "we will deal with that when the time comes". One of a number of reasons I am no longer Secretary.Worth a mention - all Agreements (Title Deeds or Leases) should be in the name of Trustees on behalf of the club. Trustees are generally appointed partly based on their experience and longevity. Such Agreements and Titles could probably benefit from a quick review - are they still with us?!
Well, I tried to be civil, but you should have heard her language... she wasn't charming and she was certainly no 'Lady'. (And this was in Herefordshire, but she sounded like a character from Eastenders.)
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"But to confuse things more, sometimes a landowner will try to label something a licence (for his own perceived benefit) but in reality the contents of the agreement and how it is used on the ground are more akin to a lease, in which case in court it is likely to be determined still a lease."
In some cases the arrangement is so ancient, pre WWII or earlier, no documents seem to exist, but angling has continued throughout. The land in question is not registered at HMLR (that became compulsory 30 years ago). There are other legal routes that offer some protection but that requires the services of good solicitor/surveyor with the inevitable cost.