Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
Fishing rights in England and Wales sit in an interesting corner of property law. They are valuable, sometimes highly valuable, yet many landowners and anglers are unclear about who actually holds them, how they can be transferred, and what paperwork is needed to put a proper arrangement in place.
This page pulls together the key principles around ownership of fishing rights in non-tidal waters, the difference between leasing and licensing those rights, and the practical points landowners should weigh up before allowing others to fish on their land. If you are thinking about letting out a stretch of river, a lake, or a private pond, the sections below will give you a grounded starting point for thinking about the arrangement.
What this document is
In English law, the right to fish in non-tidal waters is generally treated as a profit, meaning a right attached to land rather than a separate public entitlement. The default position is that whoever owns the bank of a river or stream typically owns the fishing rights for the water adjoining their land, usually up to the midpoint of the watercourse.
Ownership of a private lake or pond normally carries with it the exclusive right to fish in it. These rights can be separated from the land through a sale, lease, or licence, and once separated they can be held independently.
In tidal waters and the foreshore, the public generally has a right to fish, subject to statutory controls. Note that owning the fishing right is not the same as the right to fish lawfully: anglers in England and Wales also need a rod licence issued by the Environment Agency before using a rod and line for freshwater fish, salmon, or sea trout.
How to use this document
Confirm who owns the fishing rights. Check the title at HM Land Registry and any historic conveyances. Fishing rights can be severed from the land, so the current landowner is not always the rights holder. Old deeds, manorial records, and fishery registers may all be relevant when tracing ownership of a stretch of water. 2. Decide between a lease and a licence. A lease typically gives the tenant exclusive possession of the fishing rights for a fixed term, with more security and more formality. A licence is usually a personal permission to fish, which is easier to grant and end but gives the angler fewer rights. The choice shapes tax, tenure, and control. 3. Set the commercial terms. Agree the payment structure, the length of the arrangement, any renewal rights, and whether the angler can bring guests. Think about bag limits, catch and release policies, permitted methods such as fly only or coarse fishing, close seasons, and restrictions on night fishing. These commercial points should be written down clearly. 4. Address practical and environmental points. Cover access routes, parking, gates, insurance, liability for accidents, stocking of fish, bank maintenance, and biosecurity to prevent the spread of invasive species or disease. Make clear who is responsible for compliance with byelaws, Environment Agency rules, and any site designations such as SSSI status. 5. Put the agreement in writing and keep records. An oral arrangement is a recipe for disputes. A written lease or licence helps both parties understand their obligations, provides evidence if something goes wrong, and supports enforcement. Keep a copy with the property deeds and review the terms periodically as circumstances change.
Q Who owns the fishing rights on a private river in England?
In most non-tidal rivers and streams, the fishing rights belong to the owner of the adjoining land, usually up to the middle of the watercourse. These rights can, however, be severed from the land and owned separately. If you are unsure, the starting point is to check the title at HM Land Registry and any historic deeds, since old conveyances may have transferred the fishing rights to someone other than the current landowner.
Q Do I still need a rod licence if I have permission from the landowner?
Yes. In England and Wales, anyone aged 13 or over who fishes for salmon, trout, freshwater fish, smelt, or eel with a rod and line generally needs a rod licence from the Environment Agency. Permission from the fishery owner is separate and additional. The rod licence covers the legal right to fish at all, while the landowner's consent covers the right to fish in that particular water.
Q What is the difference between a fishing lease and a fishing licence?
A fishing lease usually grants exclusive rights to fish a defined area for a fixed term, often with greater formality and stronger legal protection for the tenant. A fishing licence tends to be a more flexible, personal permission that can be limited in scope and easier to withdraw. The right label depends on what the parties want: security and exclusivity point to a lease, while informality and flexibility point to a licence.
Q Can fishing rights be sold separately from the land?
Yes. Fishing rights are a form of property right that can be severed from the underlying land and transferred on their own. Once severed, they can be bought, sold, leased, or licensed independently. The transfer should be properly documented, and depending on the form of the right, it may need to be registered. Taking care at the drafting stage helps avoid arguments later about exactly what was transferred.
Q What should a fishing lease or licence include?
At a minimum, it should identify the parties, describe the water or stretch clearly, set the term, and state the payment. Beyond that, expect clauses on permitted fishing methods, species, bag limits, close seasons, access and parking, guests, insurance, termination, and compliance with byelaws and Environment Agency rules. Biosecurity and stocking provisions are increasingly important given the risk of spreading invasive species and disease.
Q Do I need planning permission to create a fishing lake?
You may. Creating or significantly altering a lake often involves engineering works, changes to drainage, and sometimes a change of use, any of which can trigger planning permission. Environmental permits, abstraction licences, and consents under the Reservoirs Act may also apply for larger projects. Before committing to the work, speak to your local planning authority and the Environment Agency to understand which consents are needed for the site.
Q Can a tenant farmer grant fishing rights?
Usually not without the landlord's consent. Fishing rights normally belong with the freehold, so a farming tenant will not automatically have the right to grant fishing leases or licences over water on the land they occupy. The farm tenancy agreement should be checked carefully, and anyone taking a fishing arrangement from a tenant should ask to see evidence that the landlord has authorised it.
Fishing leases and licences sit across property law, tax, and environmental rules, and the right structure depends on the water, the term, and who will be fishing. An experienced legal adviser can help you think through the key issues based on what you describe on the call.
✓Plain-English answers to your specific questions about fishing rights
✓Practical perspective on whether a lease or licence fits your situation
✓Guidance tailored to what you describe about your land and water
✓A clearer view of what to watch out for before you commit
Personal call · For information only · Independent advisers
Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.