Legal Definitions - cum piscariis

Cum piscariis is a Latin phrase used in Scots law, which translates to "with fishings." This term is included in property deeds and legal documents to signify an explicit grant of fishing rights along with the land itself.

In Scotland, fishing rights can be a valuable asset, particularly for salmon, trout, and sea fishing. When a property deed includes the phrase cum piscariis, it means that the new owner or grantee automatically receives these specific fishing rights as part of their ownership, without needing to prove that they have exercised these rights over a long period of time. It acts as a clear, direct conveyance of the right to fish.

Here are some examples illustrating the application of cum piscariis:

• Estate Sale with River Access: Imagine a large country estate in the Scottish Highlands, which includes a significant stretch of a river known for its salmon fishing. When this estate is sold, the legal deed transferring ownership to the new buyer would likely contain the phrase cum piscariis. This ensures that the buyer not only acquires the land and buildings but also explicitly gains the legal right to fish for salmon and trout in the river sections that run through or border the estate. Without this explicit mention, the fishing rights might need to be established separately or could be retained by the previous owner.

• Historical Land Grant: Centuries ago, a Scottish clan chief might have granted a parcel of land to a loyal follower. The charter documenting this grant could have included the term cum piscariis. This meant the recipient of the land was also granted the right to fish in any lochs or rivers situated within the boundaries of that land. This was a significant privilege, providing both sustenance and recreational value, and the phrase made it clear that this right was part of the land transfer from the outset.

• Coastal Property Development: A developer purchases a piece of coastal land in Scotland with the intention of building a new marina and holiday cottages. Historically, certain sea fishing rights, such as for shellfish or specific types of fish, might have been associated with that particular stretch of coastline. If the property deed for the land acquisition includes cum piscariis, it explicitly conveys these traditional sea fishing rights to the developer. This allows the developer to potentially offer fishing excursions or include the right to harvest certain marine resources as an amenity for the future residents or visitors, as the right is legally transferred with the land.