Crown  followed  by  prescriptive  possession  can  ever  be  free  from  challenge  by  the  Crown  in circumstances where the Crown has yet to alienate such fishings by either express or implied grant. Until the matter has been judicially determined the Keeper will adopt a cautious approach and insist on evidence which demonstrates that the Crown has alienated the fishings in an earlier title or that the Crown will not seek to challenge the particular right of salmon fishings to which the application relates. As regards the latter, written confirmation to that effect from the Crown Estate Commissioners will suffice. In the absence of such evidence the Keeper may exclude indemnity. In addition to evidence relating to the Crown’s interest evidence of possession will also have to be submitted. The same considerations as detailed in paragraph 6.104 will apply. Pro indiviso shares in salmon fishings 6.106 It is not uncommon for the owner of a right in salmon fishings to convey a pro indiviso share or shares in that right to some other party or parties. Such conveyances are, of course, wholly competent and the interest will be given effect to in the Land Register. However, some such conveyances contain clauses that restrict the right to fish  for  salmon to  a set  number of rods in a particular beat during a designated week(s). These conveyances provide that the disponee is barred from making any use of that part of the fishings at any other time in the year and of the remainder of the fishings at any time at all. The Keeper considers that such qualifications on occupation and exercise of the right are inconsistent with  the unrestricted nature of a real right  of common ownership. Consequently,  the Keeper’s policy, which was reached after consultation with the Joint Consultative Committee (Nov. 1999), is to reject any application for registration which is founded on such a conveyance. Solicitors who are concerned that any proposed scheme for disposing of shares in salmon fishings may not meet the Keepers requirements are invited to seek guidance from the Agency’s Pre-Registration Enquiries Section. Mapping considerations 6.107 In terms of section 4(2)(a) the Keeper must be able to identify with reference to the ordnance map the stretch of river or sea to which the right to fish for salmon relates. Practice has shown that it can be problematic for both the submitting solicitor and the Keeper to accurately relate the descriptions contained in  some of  the  older Crown  grants  to the most up  to date  ordnance  maps. Partly this stems from  the absence of suitable deed plans and partly from descriptions which are less than complete. Nor are there likely  to  be  any  physical  features  on  the  actual  river  or  sea  of  the  kind  normally  found  on  land (hedges/walls/fences  etc.)  setting  the  parameters  of  a  person’s  physical  occupation  and  which  in  turn would be reflected on the ordnance map. In the event that the Keeper cannot determine exactly where the right to fish for salmon falls he will either reject the application or proceed with an exclusion of indemnity as regards the exact location. Further mapping considerations are discussed in the section on Natural Water Boundaries. Mixed Estates 6.108 What is meant by a mixed estate is an estate which, through feuing, has come to include a mixture of property and superiority. The superiority interest will usually appear from the title deeds to be a title ex facie to the lands. Sometimes the property interest, or part of it, will be the subject of long leases. This is the sort of estate the transmission of which, for fear that some part be overlooked, has customarily  been  effected  by  a  disposition  describing  the  whole  estate,  under  exception  of  any

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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