Poaching?

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guest61

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Quick thread about a section of river I have found, looks excellent, under fished, has all the hallmarks of a good barbell stretch of the upper Trent. But.... here's the potential catch... . its on private land that has a footpath that runs along the riverbank for several fields. so I'm thinking, I have a license, its a public footpath, there are no club signs and nothing that says no fishing.

I have tried to contact the landowner (who owns swaths of land, and will have a busy diary) but I get put hold by his PA (3 times now) when I try to call to find out about possibly fishing the river.

so...can I fish? is it legal? bit of a quandary really. I have made every effort to obtain permission but I cant really see any reason why I cant fish? if im wrong please advise!
 
Peter Jacobs

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Typically, the land owner will have the Riparian Rights to the water adjacent to his land and these are protected under English Common Law.

You could check with local clubs and associations to see if these rights have been leased out, or alternatively try a letter/e-mail to the owner.

I am a little surprised that the land owners PA does not have the relevant information.

It would not be legal to fish without first having secured proper permission from the Riparian owner I'm afraid, or the club(s) who lease the fishing rights.

I hope this helps even if only a little . . . . . .
 
greenie62

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A few questions to clarify the situation:
- Who has the rights on the other bank - have you tried them?
- Have you asked the PA for a price on leasing the fishing rights? (If the RO is a business person this may get their attention!)
- Is there a PRN on that section of the river? - if so, paddle up the swim, anchor-up and fish from the craft! (Notice how I didn't mention the dreaded word canoe - oops!:eek:mg:)
Good Luck!
 
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Thought it was too good to be true.... will leave it a while and ask again. don't want to look to be mithering...... Will update the thread if I get permission, fingers crossed!

Have tried to obtain permission from several sections, owned by farmers/landowners, very rare that I actually get through to anyone to discuss. too busy... on another call.... in a meeting....

Cant blame them though, I'm sure they have more to think about that some bloke wanting some free fishing ! especially when they have a business to run
 
greenie62

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Cant blame them though, I'm sure they have more to think about that some bloke wanting some free fishing ! especially when they have a business to run
Click to expand...
That's the point I was making in the previous post suggesting that you ask the RO for a price on leasing the fishing - after all - How much is that 'free fishing' worth to you?
 
Peter Jacobs

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greenie62 said:
- Is there a PRN on that section of the river? - if so, paddle up the swim, anchor-up and fish from the craft! (Notice how I didn't mention the dreaded word canoe
Click to expand...

I think you will find that even so then you'd still need the Riparian Owner's permission as he "owns" the rights from his bank to the middle of the stream . . . . . .
 
greenie62

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he "owns" the rights from his bank to the middle of the stream . . . . . .
Click to expand...
Could be an interesting 'splitting hairs' problem there - or should that be splitting canoes? - Oh! There's a thought! ;):D
 
smudger172

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You could sit there on a chair with a rod on the rests. No hook or bait and see what happens. And wait for the get orf my land...
 
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greenie62 said:
A few questions to clarify the situation:
- Who has the rights on the other bank - have you tried them?
- Have you asked the PA for a price on leasing the fishing rights? (If the RO is a business person this may get their attention!)
- Is there a PRN on that section of the river? - if so, paddle up the swim, anchor-up and fish from the craft! (Notice how I didn't mention the dreaded word canoe - oops!:eek:mg:)
Good Luck!
Click to expand...

Think we were posting at the same time there...

This whole PRN thing which I have only recently become aware of (forums do have their uses)... at what point does it become navigation? armbands...rubber ring....dingy....coracle... c**oe...
 
greenie62

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at what point does it become navigation?
Click to expand...

Some People!;):rolleyes:

Not content with trying to get free fishing - you're trying to get free legal advice now!:rolleyes::D

Peter - in a previous post has already pointed out that the RO owns the rights to mid-stream -( It's not as simple as that though since I have recollection of some historic case law involving wading to a Salmon pool)- it might even depend on whether you are a left/right hand caster!:rolleyes: - there are even old anti-poaching tales of problems securing a conviction on English/Welsh Border streams where the offence was allegedly committed in one nation but the arrest was attempted in another - it's a legal minefield, and that's before you throw in the PRN/what constitutes 'navigation' arguments!

You could try asking the EA if they know who owns the fishing rights on the stretch - they might know - that would be a useful service from them wouldn't it?

Best of luck - tight lines!
 
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greenie62 said:
Some People!;):rolleyes:

Not content with trying to get free fishing - you're trying to get free legal advice now!:rolleyes::D

I know, sidetracking here. Will leave the arm bands at home and will stick to bank fishing. I figure I will just pop in one day and give the chap a visit. No harm done! at worse he can say no
Click to expand...
 
greenie62

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BTW - in some parts of the country - e.g. Welsh and Scots borders & Northumbria - Estate Agents still perform their traditional function of managing Estates - including the 'Fishings' - and don't just hike up house prices like in the rest of the country!
 
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