Research Ireland is the only company in Ireland that has the expertise to research the ownership of fishing rights. It is a difficult process and one that takes hard work dedication and time. If you have a query on Fishing Rights please go to our contact page and submit your request, we will then provide you with a quote for carrying out the work. We have an extensive database on ownership information on fishing rights, and land ownership.
Cost
This will depend on the extent of the search, we will however advise of the cost before starting to work for the client.
Law and History of Fishing Rights in Ireland
The Common Law Position is that where land adjoins a river or surrounds a lake, the land owner owns to the mid point of the river or lake, including all appurtenant rights, i.e. fishing rights in our case. This situation has become greatly altered in Ireland due to the effects of the various Land Acts, introduced in response to agrarian agitation. The most significant of these are the 1903 Act, 1923 Act, 1927 Act and the 1929 Act. The 1992 Land Commission Dissolution Act is also important. Confines of space dictate that the following account is brief and therefore not the complete story.
1903 Land Act: The Wyndham Act. Reservations of the fishing rights to the vendor (landlord) or a third party was written in agreements for sale in some cases. In the absence of reservations the fishing rights passed with the lands, provided it included a river of lake. Section 13 provides for access to fishing reserved.
1923 Land Act: The first major piece of land law enacted by a native Government. Section 27 of this Act, provides that all fishing rights and fisheries vested in the Irish Land Commission. These included third parties interests. Compensation provisions to reimburse these interests.
1927 Land Act: Provision for sale of fishing rights by ILC to tenant purchasers under Section 41.
1929 Land Act: Enacted after High Court action against the 1923 Act. S.4 obliges Land Commission to make an order declaring the fishing rights on tenanted lands vested or not in the I.L.C. Where declared not vested, they remain with the vendor etc. The non-adherence to the Act spawns most of the confusion around ownership of fishing rights. Failure of the vendor to lodge a Form 27, claiming ownership in circa. 90% of cases. Fishing rights were not considered of significant value. Land Commission chiefly motivated to settle viable agricultural holdings. Fishing rights to untenanted lands not disputed, became vested in the I.L.C. as before.
1992 I.L.C. Dissolution Act: All I.L.C. fisheries and fishing rights vested in Central Fisheries Board. (Inland Fisheries Ireland )