Question: Can you convert a piscary (fishing) right in gross to an appurtenant right attached to my land? I live in North Yorkshire.
Answer Supplied by Cartmell Shepherd Solicitors Cumbria
At common law, it was impossible to convert a right in gross into an attached right. There is no provision in the 1965 Act enabling a person to do so either.
The 2006 Act (section 10) prospectively enables rights of common held in gross to be attached to land. Section 10 states the application must be made by the owner of the right and that the person occupying the land (if different) must consent.
Section 10 of the 2006 Act is currently only in force in the pilot areas. North Yorkshire is not a pilot area, so the person in North Yorkshire cannot yet convert his fishing rights in gross to an appurtenant right.
When section 10 is in force, the correct form to use will be a CA4.