Legal Definitions - common of piscary

Common of Piscary refers to a specific legal right that allows an individual or a group of people to fish in a body of water that is owned by someone else. This right is a type of "profit à prendre," meaning it grants the holder the ability to take something (in this case, fish) from another person's land or water for their own benefit, even though they do not own that land or water.

Here are some examples to illustrate this concept:

• Example 1: Historical Village Right

  Imagine a small, historic village situated alongside a river that flows through a large, privately owned estate. For generations, the villagers have held a legally recognized right to fish in a particular stretch of the river, even though the riverbed and the surrounding land belong to the estate owner. This right has been passed down through the community, allowing them to catch fish for sustenance or local trade.

  This scenario demonstrates a common of piscary because the villagers, as a defined group, possess a legal entitlement to take fish from waters that are not their own property, based on a long-standing and recognized right.

• Example 2: Right Granted in a Property Deed

  When Mr. Davies sold a significant portion of his rural property to Ms. Evans, the official property deed included a specific clause. This clause stipulated that Mr. Davies, and any future owners of his remaining adjacent land, would retain the perpetual right to fish for salmon in the stream that now runs entirely through Ms. Evans' newly acquired parcel. This right was formally documented and legally binding.

  Here, the common of piscary is explicitly created and defined within a legal document (the property deed). Mr. Davies holds the right to take fish from waters located on Ms. Evans' land, illustrating the core principle of accessing and utilizing a resource on another's property.

• Example 3: Commercial Fishing Cooperative

  A local fishing cooperative, established centuries ago, holds a common of piscary over a specific tidal estuary that forms part of a private coastal estate. This ancient right allows the cooperative's members to use nets and traps to harvest certain species of fish and shellfish during designated seasons, up to a specified quota. While the estate owner maintains ownership of the estuary, they cannot prevent the cooperative from exercising this established right.

  This example illustrates a common of piscary where a collective group (the fishing cooperative) has a legally protected right to extract resources (fish and shellfish) from privately owned waters, highlighting both the "common" aspect of shared entitlement and the "piscary" aspect of fishing.