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Senior Agriculture and Rural Land Solicitor When you buy or lease land, you might assume that only you have rights over it. However, there are situations where others are allowed to enter and use your land. One of these is when third parties are entitled to exercise sporting rights on rural land.
What are sporting rights on rural land?
Sporting rights are granted by a landowner to a third party, typically for fishing or shooting. Legally, they are an intangible right in land. .When you buy or lease land, sporting rights are sometimes included with the property unless they are expressly excluded or reserved.
Such exclusions and reservations are increasingly common as sporting rights on rural land are a lucrative income stream for landowners. In fact, sporting rights on estates like grouse moors are often valued more than the land itself. The British Association for Shooting and Conservation has estimated that grouse shooting alone supports over 2,500 full-time jobs in the UK and contributes more than £100 million annually to the economy.
However, you should also remember that, like an easement, sporting rights on rural land can be very difficult to terminate. They are especially troublesome if you are purchasing the land for development.
Granting sporting rights
Granting sporting rights on rural land can provide significant benefits for a landowner. Sporting syndicates and individuals frequently invest substantial amounts in land improvements to boost their sporting experience.
Granting these rights, whether through sale, lease, or gift, confers the right for the buyer, lessee or donee to take and enjoy something on your land without transferring any actual ownership rights to the land itself.
Therefore, when purchasing property and wishing to benefit from any sporting rights the land may offer, it is crucial that the buyer ensures that the rights to shoot or fish are included in the sale (are ‘in hand’) and have not become separated from the land.
Sporting rights may be established in different ways, and a landowner can:
- lease or sell the land but expressly retain the sporting rights; or
- sell the sporting rights but retain the land; or
- grant a licence to the buyer to exercise the sporting rights for a specified period, after which the rights revert to the landowner.
Sporting rights on rural land: the deed
Given their potential value, it is always recommended that any agreement regarding the granting or reservation of sporting rights be documented in a formal deed. The deed should clearly specify the nature of the rights, including:
- the full extent and identity of the property the agreement covers;
- whether advance notice needs to be given regarding the exercise of the sporting rights;
- any restrictions on where the rights can be exercised or take place;
- what can be shot or fished, and who owns the kill;
- any restrictions on the number that can be shot or fished; and
- permissible sporting equipment.
The deed should also identify:
- the responsibility for rearing, feeding and conserving the species that are the subject of the sporting rights;
- whether pens or other artificial devices can be erected, and if so, any restrictions on location;
- what land maintenance or clearance is permissible by the parties;
- who is responsible for pest control;
- any restrictions on the landowner to prevent interference with the sporting rights; and
- whether parking and access are permitted to facilitate the exercise of the sporting rights, and if applicable, the location of such parking and access and any restrictions in connection with them.
Sporting rights on rural land can be complex, with many pitfalls for the unwary. Before buying or selling such rights, always seek specialist legal advice. This will help ensure the agreement is enforceable and grants the rights both parties intend.