Legal Definitions - cum aucupationibus, venationibus, et piscationibus

The Latin phrase cum aucupationibus, venationibus, et piscationibus translates directly to "with fowlings, huntings, and fishings." In historical Scots law, this phrase was a significant clause often included in property deeds and land grants. It served to explicitly convey or confirm to the landowner the legal rights to engage in specific activities on their property: fowling (hunting birds), hunting (typically referring to larger game), and fishing.

These rights were not always automatic with land ownership and their inclusion in a deed clarified that the new owner possessed these specific privileges. Historically, the exercise of these rights was often tied to actual, long-term possession of the land, reinforcing the idea that they were an integral part of the bundle of rights associated with a particular estate.

• Example 1: A Historical Land Grant

  In the 17th century, a Scottish clan chief granted a parcel of land to a loyal family. The formal charter for this land explicitly stated that the grant was "cum aucupationibus, venationibus, et piscationibus." This meant that the family not only received the right to farm and reside on the land but also the legal entitlement to hunt game, trap birds, and fish in the rivers and lochs within the boundaries of their new property.

  How it illustrates: This example demonstrates how the phrase was used in a foundational legal document (a land grant) to directly convey specific recreational and subsistence rights alongside the ownership of the land itself, making these activities a recognized privilege of the landowner.

• Example 2: A Modern Property Dispute over Ancient Rights

  Two neighboring estates in rural Scotland, both with deeds dating back to the 18th century, find themselves in a dispute over who has the right to fish in a particular stretch of river that forms part of their shared boundary. Upon reviewing the original title deeds, one estate's document contains the clause "cum aucupationibus, venationibus, et piscationibus," while the other's does not. A court would likely interpret the presence of this clause in the older deed as strong evidence that the fishing rights were legally granted to the original owner of that estate, and subsequently passed down to the current owner, thereby resolving the dispute in their favor.

  How it illustrates: This scenario highlights the enduring legal significance of the phrase. Even centuries later, its inclusion in historical documents can still determine current property rights, demonstrating its role in defining the scope of ownership.

• Example 3: Reservation of Rights in a Sale

  A large, historic Scottish estate is being sold in smaller lots to various buyers. The seller, a conservation trust, decides to retain control over all hunting and fishing activities across the entire former estate for ecological management and sustainable tourism. Therefore, in each new deed for the individual lots, a clause is inserted stating that while the land is conveyed, the rights "cum aucupationibus, venationibus, et piscationibus" are specifically reserved by the trust and are not transferred to the new landowners.

  How it illustrates: This example shows that these specific rights are distinct enough that they can be separated from the general ownership of the land. By explicitly reserving them, the seller prevents the new owners from automatically acquiring these privileges, underscoring that these are specific, transferable, or reservable legal entitlements.