Argument On The River Don

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Phil Heaton

Guest
I regularly fish the river Don at Sprotborough, one bank is controlled by Doncaster A.A. and the other by Rotherham A.A. I have fished both sides for a number of years now and purchase day tickets when requested.
Two weeks ago a gentleman enquired about the quality of the fishing and whether I was a member of Doncaster A.A. he then told me that he was the land-owner and that I was trespassing. He explaned that Doncaster A.A. had not paid him the rent for use of the land and that if I wished to continue fishing, then I should pay him ?2 for a day ticket.
Over the following week I mulled this over and began to feel uncomfortable with the situation and decided that I would not pay him again, as he probably had no rights to the fishing anyway. Friday evening I went to the river and as I was getting my gear out of the car he turned up, he came to me and told me that it was not profitable at ?2 for him to come for his money and that he had incresed his fee to ?3, also that the fee was for access to his land, as he did not own the fishing rights. This angered me even more and I fished the Rotherham bank, which he states he also owns but the rent is paid up. The following day I was in a local tackle shop and mentioned the problem, the shop owner told me that he was probably right in selling day tickets for the use of his land but that if a Doncaster A.A. bailif was present then the day ticket to fish must also be purchased.
The land-owner is insisting that Doncaster A.A. members will also have to pay his access fee, he was intending to attend two matches this weekend and get his fee's from the fishermen taking part.
I feel that Doncaster A.A. should pay up or remove the venue from their book and wonder if they do have the right to ask for day tickets on land they have not paid the rent for.
 
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Chris Betts

Guest
I think you should get in touch with the committee of Doncaster AA, to get their point of view on this, and to bring the matter to their attention
 
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Phil Heaton

Guest
With the land-owner asking the two teams of match-men for their contributions this weekend, I would think that they have already been told.
 
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Richard Drayson

Guest
What a ridiculous state of affairs!
The Doncaster AA committee need to be told of this as a matter of urgency and should hold an extraordinary general meeting to sort things out.
One point I don't understand though is that you say "the fee was for access to his land, as he did not own the fishing rights."
Surely, this would make him the riparian owner? I always thought that riparian owners held the fishing rights.
Confused.
 
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Phil Heaton

Guest
His day tickets clearly state that they are for access onto his land. He told me that any additional payment to Doncaster A.A. for example was my own business whether I paid or not.
Has anyone else been challenged by him? to substantiate my original thread.
 
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andrew jackson

Guest
It does not automaticaly follow that the land owner has the fishing rights. Indeed in the case of a river you may have two land owners on oppisite banks. I once fished a lake that was boardered by two farms and was previously leased by a club. The club fell out with both the land owners and a lengthy legal battle ensued. The result of this was that the club could not fish the water they held the fishing rites to. This was because the farmers were entitled to refuse access across their land. The situation got realy silly when the club found a third party who owned a tiny amount of bank space. This third party was happy to allow the club access to the lake. So the club did no more than build platforms in the lake margins, their intentions being, that members accessed the platforms by using a boat thus not tresspassing upon the two farmers land. The farmers Promptly took Jcb's to the platforms, and further legal wranglings ensued. In the end the club had to admit defeat, and didnt even manage to recover any fish stocks. It may get very complext and fraught before this situation on your river is finaly sorted.
 
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Wayne Cappleman

Guest
Get an Ordnance Survey map - much of the River Don's banks are actually public rights of way (possibly one reason why the farmer has no rights to the fishing).

Don't really know where you'd stand, but I've not yet heard of landowners being able to charge people who use the public rights of way, and unless they can prove you crossed their land, you may have a good case for refusing payment (provided you can access the place you fish from further along the bank).

Alternatively fish the opposite bank :)
 
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Phil Heaton

Guest
Wayne, I like to fish on the weir, which is fishable from both banks, the Doncaster side is the better bank for casting and striking as there are no overhanging trees.
On the map, double dotted black lines denoting a track is shown.
Surely a 'right of way' is for passing through a privatley owned piece of land without causing damage etc, not for access to use the bank
 
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Wayne Cappleman

Guest
The actual access would depend on where the original boundary to the farm land ends. It's possible, and this is only a long shot, that the farmers land doesn't actually reach the bank (that's what I meant to say originally, but with my two kids running round I lost the train of thought).
It would take some digging to find out, but a quiet word to Doncaster AA might get them looking in the right direction.
 
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Phil Hackett

Guest
Legal minefield this one.
Several thoughts on it.

If Doncaster Anglers have the fishing rights to it, they also have two metres of bank from the waters edge. Case law was established by Prince Albert Anglers on the Ribble, where the farmer was stopping their members from accessing the stretch. PA took the farmer to court and won.

If as has been suggested, a public right of way (PROW) runs along the bank, access it by only using those rights of way. Given the above you are not trespassing on the farmers land, therefore no money needs to be paid to the farmer for access. No landowner can charge anybody for crossing his land on a PROW. For a definitive right of way, phone the council and ask to speak to the footpaths officer.

We also have the Right to Roam legislation coming in shortly, you may want to ask the footpaths officer whether this guys land is included in the consultation proposals for that area. The Defra site also carries each areas proposals and maps showing the areas covered.

For fear of upsetting some people, but what the hell! The above legislation is going to seriously p*** off the likes of this farmer and his ilk. Ask me if I’m bothered? Not a lot! Its long overdue IMO.
 

Stuart Dennis

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Phil Heaton, I've been watching this thread for the past few days and can't wait to hear the outcome. Please post on here won't you?
 
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Richard Hall

Guest
Phil,
I might have imagined it, but didn't Donny AA send out a press notice last season or season before warning of bogus baliffs on their waters and telling anglers not to pay up unless they could produce an ID? Might be connected?
 
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Phil Heaton

Guest
The man carries a business card with his name and the address of his farm on it, also he is issuing tickets. I feel that he would not take long in producing a policeman also if he was refused payment, he seems genuine or is a good con-man.
I am sure that he is being as awkward as possible to force Doncaster A.A. to pay up and that when they do he will dissapear (until next year).
 
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Paul Mallinson

Guest
getting awa from the subject a little hear but ive been meaning to have a go on the don for a while, been hearing a lot about sprotbrough, how does the fiver fish, what have you been catching?
 
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Ron Clay

Guest
There are some half decent barbel below the weir. I've had them to 51/2 lbs and an aquaintance of mine has had them to 8 lbs.

There are good roach all along the stretch in question.
 
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Phil Heaton

Guest
Paul,
The barbel seem a little thin on the ground this season, chub, bream, roach and carp are present, by far the most prolific species are perch. Over a short stretch below the weir, 30 pegs on the offending farmers bank and room for maybe 10 on the other bank there is a wide diversity of swims.
The weir area is quite snaggy and is my favourite part, the better fish make straight for the snags, so you have to be alert and try to fish 'hit and hold'.
 
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Ron Clay

Guest
Phil,

What sort of sizes are the barbel running at the moment. You say they are thin on the ground. I wonder if this could be a result of too many anglers fishing with light lines and leaving hooks in the mouth or worse still - tethered.
 
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Phil Heaton

Guest
In the main the barbel are 2.5lb to 4lb, you are correct though lots of people fish too light and lose fish. I tend to fish 6lb and 8lb lines depending on the location along the Don when specifically fishing barble / chub baits but know of some that think 4lb is over the top.
For perch, roach and bream I will happily use 2.5lb / 3lb maxima and not worry about a bonus sized fish.
 
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