LEGAL PRINCIPLE: CUSTOMARY LAW / PROPERTY – Fishing Rights in Tidal Waters – Right to Collect Rent for Permanent Settlements
PRINCIPLE STATEMENT
The owner of land which abuts creeks or through which a tidal waterway flows has the right to exact rent from persons who fish in those waterways but use the abutting land, at least more than temporarily, to service their fishing occupation.
RATIO DECIDENDI (SOURCE)
"By this judgment, it is quite clear that the full court preserved the right of an owner of land which abuts the creeks or through which a tidal waterway flows to exact rent from persons who fish in those waterways but use the abutting land, at least more than temporarily, to service their fishing occupation....The state of the law is therefore very much as decided in Braide v. Adoki..."
EXPLANATION / SCOPE
This principle balances public fishing rights in tidal waters against riparian landowners’ rights. While the public may fish in tidal waters, fishermen who establish more than temporary presence on abutting land (building structures, storing equipment, processing catches, establishing camps) must pay rent to the landowner. The distinction: mere fishing from boats in the waterway—no rent owed; using the land as a base of operations—rent owed. “More than temporarily” suggests establishing semi-permanent or regular use exceeding transient presence. This protects landowners from having their property used as fishing infrastructure without compensation while preserving public fishing access to waters. The principle recognizes that land use (even ancillary to water-based activities) requires landowner consent and compensation