Legal Definitions - cum piscationibus

Cum piscationibus is a historical Latin legal phrase that translates to "with fishing" or "with fisheries." In historical legal contexts, this term was used to signify the inclusion of a specific right to fish within a property grant or transfer.

Crucially, it didn't merely imply the presence of water where fishing *could* occur. Instead, it denoted an express grant of a fishing right that had also been consistently exercised and possessed for a significant, legally recognized period. This meant the right was not just theoretical but established through long-standing use and formal recognition.

• Example 1: A Medieval Land Grant

  Imagine a medieval lord granting a parcel of land along a river to a loyal knight. The charter documenting this grant explicitly states that the land is conveyed "cum piscationibus."

  This phrase means the knight receives not just the physical land, but also the established and legally recognized right to fish in that particular stretch of the river. This right was not merely an incidental benefit; it was a formal entitlement that the lord's family or previous tenants had formally granted and consistently used for generations, making it a vested part of the property transfer.

• Example 2: A Monastery's Ancient Rights

  Consider a monastery founded in the 12th century, whose original royal charter granted them extensive lands bordering a large lake. The charter included the specific phrase "cum piscationibus" regarding the lake.

  This inclusion confirms that the monastery was not just given land adjacent to a lake, but was specifically granted the legal right to fish in that lake. Over the centuries, the monks consistently exercised this right to sustain their community. The phrase in their ancient charter solidified this right as an integral part of their property ownership, established through both the initial royal grant and their continuous, long-term possession and use.

• Example 3: Sale of a 17th-Century Estate

  In the 17th century, a wealthy landowner decides to sell a large country estate that encompasses several miles of a river. The deed of sale for the estate specifies that the property is conveyed "cum piscationibus."

  By including this phrase, the seller is doing more than just indicating that a river runs through the property. They are explicitly transferring the established and historically exercised fishing rights associated with that specific stretch of the river. These rights had been legally possessed and actively used by the seller and their predecessors for a prescribed period, making them a recognized and valuable entitlement for the new owner.