I have the documents.
Let me tell you now that there is a very expensive argument to be had here.
Let me explain why.
Ward wanted to exercise his rights to fish and the Club owned the fishing
rights (but not rights of access . So a deal was done between the Club and Ward
whereby he gave them access and he was allowed to fish.
So far so good.
If you refer to clause number one on document 0003 you will see that the
right is granted to the Company (the Club) and its successors in title (and all
its agents etc).
There is nothing in there which says that this grant was made for the
benefit of the land/stream was for the company and successors.
There is also nothing which says that the right to fish there is granted to
Ward and his successors in title.
So, successors in title is mentioned with regard to the Club being able to
pass on the right to walk along the bank but there is no mention of the right for
Ward to fish to be passed on to his successors in title.
In cases like this, when it is mentioned in one place but not in others
judges can often say that it was intended by the parties that the right would
not pass from one to another and nor would the obligation.
It is the difference between a covenant being personal to the grantor or
also passing on to successors in title.
I think that in this went to court, contrary to what I have said above,
because there is nothing to the contrary, the court would find that this right
to walk along the path only existed while Ward was alive. However, if the
current landowner wants to be awkward, regardless of my opinion, you are faced
with putting this in front of a judge to let a judge decide. Before wasting
money on court costs, I would spend probably £500/£800 on Chancery Counsel's
opinion. I wouldn't be wasting any money exchanging correspondence with
solicitors or the landowner.
I wish I could give you a definitive answer would have there was a definitive
answer to every legal question, the courts would close down overnight.
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The thread remains open for us to continue this exchange