Hunting rights and fishing rights relate to the exercise and letting of hunting and fishing activities. The hunting or fishing rights granted are often referred to as hunting leases or fishing leases, respectively, even if the rights comprise so-called partial usufructs that grant the holder of the rights only a limited right to use the property for which the rights are let.
The granting of hunting or fishing rights can be likened to the right to fell trees, or to establish gravel pits or quarries on a property.
Some fishing rights grants are regulated, not only by the provisions of the Swedish Land Code, but also by the Fishing Leases Act, which relates to the type of fishing leases where the purpose of the lease is professional fishing or other types of fishing of material importance to the lessor’s livelihood. The provisions of the Hunting Act also apply, over and above the provisions of the Swedish Land Code, to certain hunting leases, e.g. if the hunting rights are let in return for payment and the term of the lease exceeds one year.
Hunting and fishing leases often represent considerable value and can, at the same time, necessitate the regulation of issues alongside the actual hunting or fishing lease. They may involve issues as fundamental as who is to be the hunting or fishing lessor, the term of the lease, the species to which the agreement applies, the rules governing the use of or investments in hunting lodges, towers, or other buildings or installations, the conduct of commercial operations, participation in game or fish conservation, coordination between the exercise of the hunting or fishing rights with other land usage, and a number of other issues.
We can provide advice ahead of letting and the formulation and drawing up of agreements, and can represent our clients in conjunction with disputes regarding hunting or fishing rights.