Protection of sporting rights?

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    Protection of sporting rights?

    I don't know if anyone will be able to help me answer this question but nothing ventured nothing gained! I would appreciate your thoughts. If a person owns SPORTING rights over a piece of land but does not hold the freehold of the land, can the freehold owner develop the land in a way that will prevent the owner of the sporting rights accessing it? Can the owner of the sporting rights is prevented from exercising his right to walk across/shoot on the land? Anyone any thoughts please??? Many thanks!
    Unshackled by the chains of idle vanity, A modest manatee, that's me

    #2
    Originally posted by islandgirl View Post
    I don't know if anyone will be able to help me answer this question but nothing ventured nothing gained! I would appreciate your thoughts. If a person owns SPORTING rights over a piece of land but does not hold the freehold of the land, can the freehold owner develop the land in a way that will prevent the owner of the sporting rights accessing it? Can the owner of the sporting rights is prevented from exercising his right to walk across/shoot on the land? Anyone any thoughts please??? Many thanks!
    Shoot WHAT?
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      #3
      Is it a proper covenant.. what is the wording?? Peter

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        #4
        mind the gap - use your imagination! Ramblers?
        Thanks for the reply pdk - the answer is I don't really know. All I know is that the land was sold off BUT the shooting rights were retained. There are grouse, phesants etc and the land is regularly used for shooting. Sorry to be vague.
        Unshackled by the chains of idle vanity, A modest manatee, that's me

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          #5
          The principle is that a grantor (a person who grants rights) must not "derogate from his grant", that is he cannot grant a right and then do something that interferes with it. In the case of sporting rights, in the absence of anything specific in the document that granted or reserved the rights, it is a question of degree as to what and how much development is permitted. The grant of sporting rights does not mean that the grantee (the person entitled to exercise the rights) can have access to every square inch of the land and so the grantor is free to make changes so long as they do not interfere with the rights. Further, the grant of any right implies such rights of access as are necesary to exercise the rights and so the grantee cannot be prevented from accessing the land over which the rights are exercisable.

          If there is a problem then the grantee needs to consult a solicitor conversant with rural matters. If he does not know one, I think the Country Landowners Association will recommend one. http://www.cla.org.uk/

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            #6
            Hi Lawcruncher - this is extremely helpful. The situation is that the owner of the land is trying to put a wind farm on the land - this will prevent access for the holder of the sporting rights. Have you come across this sort of situation before? The advice re the CLA is very welcome and much appreciated. Thanks
            Unshackled by the chains of idle vanity, A modest manatee, that's me

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              #7
              Originally posted by islandgirl View Post
              Have you come across this sort of situation before?
              I was once involved in a situation that blew over. The freeholder wanted to extend a building and the holder of the sporting rights objected. The extension clearly did not affect the exercise of the rights and the holder of the rights was persuaded accordingly.

              Any development that prevents access must be a derogation from the grant.

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                #8
                I thought so too! Clearly we will have to get the landowner to speak to a solicitor (thanks for the tip re the CLA) - the windfarm clearly would stop the sporting rights owner enjoying his rights - acres and acres would be sealed off from all public access. Many thanks for your help and telling me about your experience - it is much appreciated.
                Unshackled by the chains of idle vanity, A modest manatee, that's me

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                  #9
                  Originally posted by Lawcruncher View Post
                  Any development that prevents access must be a derogation from the grant.
                  I agree. View the grant of sporting rights as a sort of lease; the landowner is stuck with it, unless rights-owner is prepared to sell them back or release them so far as necessary for the development.
                  JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                  1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                  2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                  3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                  4. *- Contact info: click on my name (blue-highlight link).

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                    #10
                    thank you Jeffrey and Lawcruncher - this is very helpful.
                    Unshackled by the chains of idle vanity, A modest manatee, that's me

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