Sporting and Shooting Rights, Do you know the Law?

Sporting rights generally include the right to shoot, fish and hunt. The rights to hunt and shoot and sporting rights together with other associated rights such as the right to rear, preserve or keep game can exist in various ways. For example, the landowner may own the land and the right to hunt, shoot etc. This does not cause any problems. However, problems can and do arise in the following situations:

1. When the rights to shoot are held by the landowner and the land is farmed or occupied by a tenant; or

2. The land is owned by one person but the sporting rights are held by a previous owner of the land who retained the rights when the land was sold off.

The owner of the shooting rights can take reasonable steps to preserve that right, steps which would otherwise be a trespass. The emphasis here being on "reasonable steps" as a right to shoot for example does not in the absence of express additional words imply the right to bring game onto the land or rear game on the land.

It is essential that both parties are familiar with the wording of the original grant. More often than not, the owner of the sporting rights assumes that the right to shoot gives them an automatic right to rear game on the land. This may be as a result of not knowing the difference between the right to shoot and the right to rear game etc. Or, it may well be that the person wishing to retain the rights intended that the associated rights of rearing game should be reserved but the advisor at the time failed to include the correct wording in the original grant. It is therefore essential that the advice of a suitably qualified person is obtained when drafting clauses relating to shooting rights etc.

If the wording does include both a right to shoot and rear game, overstocking of land with game may justify a claim for damages by person affected by the overstocking. If the original grant reserved only a right to shoot the owner of the right will have no protection against such a claim. If the wording in the deed allows for the rearing or preserving game this could result in protection from what would otherwise be a nuisance.

These issues can be avoided if the correct advice is sought ideally when the grant is made but failing that before any rights are exercised.

For more information on this or any other Agricultural Matter please contact Edward H. Nutting, Director  at Allington Hughes Limited t/a Cyfraith JRL Law on: 01492 641 222 or email edward@jrl-law.co.uk.