Wading

[The Flying Tench]

There are two local places where I'd be interested to know if I could wade up river a bit and fish.

 

In one place the 2 banks are owned by the local council, and there's no public access along the banks for good reasons, but the area is basically free fishing. I guess I'd be OK there?

 

At the other place the 2 banks are owned by private houses. Obviously we'll just be guessing as I haven't seen any deeds or other legal documents, but would it be a fair bet that the houses each side will own their half of the river, and that therefore I'd be tresspassing and also fishing illegally?

[DavyR]

At the other place the 2 banks are owned by private houses. Obviously we'll just be guessing as I haven't seen any deeds or other legal documents, but would it be a fair bet that the houses each side will own their half of the river, and that therefore I'd be tresspassing and also fishing illegally?

 

Looks that way, John:

 

"Under common law you are the riparian owner of any watercourse within or adjacent to the boundaries of your property.

Where a watercourse is sited between two or more property boundaries each owner may be equally responsible."

 

http://www.tmbc.gov.uk/cgi-bin/buildpage.pl?mysql=318

[The Flying Tench]

An interesting website, but is the position that clear? It implies that sometimes the river does not belong to the adjacent properties. They are riparian owners, ie they have certain rights and responsibilities, but it's not clear in that case that I would be tresspassing? Still, i guess there's a fair chance they'd own the fishing rights, I grant.

[lutra]

If opposite banks where owned by different people and you waded down the middle dose that mean they would have to get you to stand still while they got a tape measure out before one of them could prosecute you?

[Janet]

Slightly off topic, but related I think - if a fishing club leases the rights to a stretch of water, does that cover BOTH banks? I ask this as a stretch I'd love to fish has private fishing signs on one side of the river, but the other has none, and is part of a well signposted local countryside walk, freely accessed by ramblers, picnickers and the like.

 

Janet

[terry t shirt]

Unless a club controls both banks they have no say as to what happens on the banks opposite them. Many clubs have opposing clubs on the opposite bank. If there's no club you just need land owners permission. Just because its countryside walk it doesn't mean you can fish, canal footpaths are a classic example of this they are all public rights of way but most are controlled by a club or the bwb themselves.

[The Flying Tench]

I guess the fishing shop would know.

[Janet]

I guess the fishing shop would know

 

Unfortunately, in this case, they don't - well, not with any degree of certainty! They are very well informed about local commercials, but the river seems to be a bit of a grey area. Opinions are very much divided, and I keep getting conflicting advice. I do however know which club holds the rights to the opposite bank, and I've e-mailed them for information about club membership, but haven't had a reply as yet.

 

It's so frustrating! I have a day off this week and I really want to go out and try my newly learnt fly fishing skills. I just don't want my day ruined by finding that I'm fishing illegally.

 

Janet

[bluerinse]

What if you were in a boat?

 

i guess it would be the same dilema