Fuller (Part 20 claimant) v Kitzing and another (Part 20 defendants) – WLR Daily

Posted April 27th, 2017 in game laws, law reports, sport by sally

Fuller (Part 20 claimant) v Kitzing and another (Part 20 defendants) [2017] EWHC 810 (Ch)

‘The Part 20 claimant was freehold and long leasehold owner of a substantial property and some 30 acres of surrounding land. The Part 20 defendant was the owner of sporting rights over the Part 20 claimant’s land. The Part 20 claimant sought a declaration those rights did not authorise the Part 20 defendant preserve and rear game on his land because that went beyond any recognised profit or ancillary right, still less did the sporting rights authorise her to introduce poults (or young pheasants) onto his land. The court ordered the trial of a number of preliminary issues, including whether there was a legally recognised profit à prendre to preserve and rear game on another person’s land.’

WLR Daily, 27th March 2017

Source: www.iclr.co.uk