78 THE LAW OF SCOTLAND 



been decided by the Scotch Courts, and seems 

 open to question. 



It has been laid down by the Court of Session 

 that no one has any right to angle in a private 

 river without the consent of the proprietor ; that 

 such a right cannot be inferred from the fact that 

 members of the public have actually fished a 

 particular piece of water without let or hindrance 

 for any length of time ; that even where there is 

 a right of way by the riverside, fishing from the 

 road or path can be prevented by the proprietor ; 

 and several judges have expressed the opinion 

 that a tenant has no right to fish in a river or 

 loch upon his farm without the consent of his 

 landlord. These decisions show that it is only 

 at the pleasure of the lairds that a line can be 

 thrown upon any private river throughout the 

 length and breadth of Scotland. 



The rules as to fishing in private lochs are 

 slightly different from those which apply to rivers. 

 Where a loch is situated wholly within one estate, 

 then, as before, the proprietor has the exclusive 

 right. When it is bounded by different proper- 

 ties, however, and the matter is not regulated by 

 the respective titles, each landowner can fish over 

 the whole loch; but in doing so he must not 

 trespass upon his neighbour's ground. Follow- 

 ing up this principle, it was decided that a pro- 

 prietor on the shores of Loch Eannoch was en- 



