Legal Definitions - piscary

Piscary refers to the legal right to fish in a specific body of water. This right can be held exclusively by an individual or entity, or it can be a shared right, often referred to as a "common of piscary," allowing a group of people to fish in waters that belong to someone else.

Here are some examples to illustrate the concept of piscary:

• Example 1: Private Fishing Rights

  Imagine a large ranch owner who has a private lake entirely within the boundaries of their property. Because they own the land and the water body, they possess a piscary that grants them the exclusive right to fish in that lake. They can choose to allow others to fish, but the fundamental legal right belongs solely to them as the property owner.

  This example illustrates a private piscary, where the right to fish is an exclusive privilege tied directly to the ownership of the land and water.

• Example 2: Historical Community Fishing Rights

  Consider a small, ancient village situated along a river that flows through a vast, privately owned estate. For centuries, the villagers have relied on fishing in a particular stretch of that river for their sustenance, a practice recognized and upheld through local custom and historical agreements, even though they do not own the riverbed or the surrounding land. This long-standing, shared right among the villagers to fish in the estate owner's water is a form of common of piscary.

  This example demonstrates a common of piscary, where a group of people holds a non-exclusive right to fish in waters owned by another party, often based on historical use or tradition.

• Example 3: Fishing Rights Granted by Agreement

  A new residential development is built adjacent to a privately owned stream. As part of the property purchase agreement for the homes, the developer negotiates with the stream's owner to grant all residents of the new community a perpetual right to fish in a designated section of the stream. This right is shared among the homeowners and is legally binding on the stream owner's property.

  This scenario illustrates a common of piscary established through a formal agreement, where a specific group (the residents) gains a shared right to fish in waters belonging to another landowner.