Traditional sporting rights generally belong to the landowner but this is not always the case and on a purchase of a property should be carefully checked out. 

In the main, rights to shooting, stalking, trout and freshwater fishing, so long as the open and closed seasons are observed, may be exercised by the landowner or those to whom he leases the rights. 

Sporting rights are however complex and can be subject to differing areas of legislation such as nature conservation, firearms legislation, salmon and fresh water fisheries legislation and other environmental legislation so that the holder of traditional sporting rights cannot simply do as he or she pleases.

Salmon fishing rights are different from other sporting interests in Scotland.  They may be owned separately from the land adjacent to the river or the river itself.  The riverbank and the bed of the river may be owned by different individuals who do not have salmon fishing rights but who would both have rights to trout fishing.  The separate owner of the salmon fishings would have rights of access to the river to exercise his rights and would also have a concurrent right to trout fishing.  A recipe for at best confusion or at worst conflict.  Clearly advice is required regarding acquisition of salmon fishing rights.

There may also be VAT implications regarding sporting rights and salmon fishings.  In some cases salmon fishings are acquired on a timeshare basis and these schemes can be complicated.

We are ideally equipped to advise you on any issues relating to traditional sporting and fishing rights.

For more information please contact Alasdair Fox or Jim Drysdale.