Not really into shooting but I know the rules changed recently with licenses etc, we have a piece of land on which a previous owner kept the sporting rights, no one has shot on it recently but I would like to know if I can prevent shooting if I wanted to, the rules mention only shooting if certain species are deemed a pest or destroying crops - which they are not. Its grassland next to river so shooting would only be for fun, is this allowed without the landowner’s permission?
Sporting rights
- Thread starter onthehoof
- Start date
Wilksy
Member
- Location
- East Riding
The general license covers the controlling of birds deemed pests (listed) with in the terms of the license, the sporting rights will refer to game shooting but if it’s near a river maybe fishing also and I would imagine you can’t do a great deal to stop it
- Location
- Aberdeenshire
If you bought the ground knowing the sporting rights had been retained then you knew what you were doing so trying to renege on the agreement ought to be a profitable as peeing into the wind.
Grassland next to a river could still provide the owner of the sporting rights with perfectly legitimate deer stalking, rabbit shooting, hares, wildfowl in season and pest control in perfect accordance with the General Licences for the purpose of conservation and crop protection.
Retention of sporting rights is occasionally done by anti's to prevent shooting but it results in lower prices for land.
Having control of sporting rights does not necessarily mean having access to the land for any other non game shooting such as practise, zeroing or target shooting for pleasure.
Grassland next to a river could still provide the owner of the sporting rights with perfectly legitimate deer stalking, rabbit shooting, hares, wildfowl in season and pest control in perfect accordance with the General Licences for the purpose of conservation and crop protection.
Retention of sporting rights is occasionally done by anti's to prevent shooting but it results in lower prices for land.
Having control of sporting rights does not necessarily mean having access to the land for any other non game shooting such as practise, zeroing or target shooting for pleasure.
ISCO
Member
- Location
- North East
If sporting rights reserved you need to look in the deeds for what can and can't be done.
I would guess the intention was to shoot ducks/geese etc for sport. And I don't believe you can stop the owner of the shooting rights from doing this or indeed giving someone else permission to shoot there. Your documents from the land sale likely include more details. In one instance similar to yours i know that sporting rights were retained by the vendor for his lifetime........................
What kind of farmer would be against shooting ?
Sporting rights allow the owner of the rights to shoot game and manage pest species on that land.
If you dont own the shooting rights you cant prevent it, you should have got your lawyer explain this when you bought the land.
- Location
- Shropshire
I believe the sporting rights are for game and you as the owner can shoot pests
He sounds like he`s anti shooting.
- Location
- Shropshire
Well that’s his choice I’ve no problem with anti shooting opinions but he can’t stop legal activities
- Location
- Shropshire
Be a lot less sport about for the ones who do partake of everyone did
From memory if you have given the owner of the sporting rights adequate chance to control them first or something similar........
- Location
- Shropshire
Yes that seems about right
- Location
- Aberdeenshire
Everyone is entitled to an opinion but no-one who knowingly buys land with the sporting rights retained has the right to prevent it. Caveat emptor and don't be a dick are the two cardinal rules of entering in to an agreement.
- Location
- Near Beeston Castle
I rent some ground that the owner retained the shooting rights to, nobody has exercised those rights in the last 30 years.
I suspect it is a phrase inserted into documents just by habit quite often as is mining and mineral rights
I suspect it is a phrase inserted into documents just by habit quite often as is mining and mineral rights
- Location
- Shropshire
Some times that’s just how it goes like you say buyer beware can always make claims for damages
Exfarmer
Member
- Location
- Bury St Edmunds
I have seen retaining shooting rupights used by estates to stop shooting on their boundaries
As a buyer of land its the last thing you want to miss out on , you lose control to stop people wondering around the land with a gun , they can turn up with a full shooting party and release pheasants on the land , whilst I`m pro shooting and an active shooter I know having land without the rights could be a hindrance ,
There is legal case history where rulings have been made in situations like this. As above it will only mean species especially mentioned within the lease. Deer rights, as they have there own legislation will be totally separate. If these are not mentioned as retained will go with the current owner. Within leases that go back many years and are a bit 'wooly' there can be a proviso that obligations or rights are within the spirit of how they were written at the time. Farm tenants on sporting estates may have an obligation to allow access. Its situations like these that keep land agents in the manner to which they would like to become accustomed.