The Tenant's Right to Shoot
| Author | Laura Saunsbury/Nick Doherty |
| Pages | 193-197 |
Chapter 13
The Tenant’s Right to Shoot
COMMON LAW
13.01 Under Common Law, the right to possession of land carries with it the right to take all birds and animals naturally on the land, whether they be game or not.
13.02 If the owner does not occupy his land but lets it to another under a tenancy then, unless the shooting is ‘reserved’ to the landlord, the tenant will have an absolute right to shoot as against any other person. Conversely, if the right to take game is ‘reserved’, the tenant will have no right to shoot at Common Law.
However, any reservation of rights will be void in so far as it purports to exclude the owner’s rights to destroy ground game.
Inclosure Acts and Awards.
194 The Firearms Law Handbook
full shooting rights may authorise any person to kill and take game and other birds and animals and may also let or assign his shooting rights.
GROUND GAME ACT 1880
13.03 As can be seen above, the position at Common Law was much altered by the Ground Game Act 1880 (GGA 1880). The objective of the Act was to allow tenants without shooting rights to protect their crops against hares and rabbits. It did so by permitting occupiers of land to kill and take ground game
Within certain limitations, tenants may also claim compensation from their landlords for damage to crops caused by any wild animals or birds.
13.04 First, who shall be deemed an occupier for the...
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