Inglewood Investment Co Ltd v Forestry Commission
Inglewood Investment Co Ltd v Forestry Commission
- 1988
- Weekly Law Reports (1988) 1 WLR 1278-1283(6) .
CA 18 October 1988. By an indenture dated 1921 I`s predecessors in title granted a plot of land to F for 99 years subject to a reservation in respect of `all game woodcocks, snipe ... ` and the exclusive right of `hunting shooting and fishing coursing and sporting over and on` the land. I sought a declaration that F was not entitled to hunt or take any deer from the land on the grounds that they fell under the expression `all game`. The court held that what fell under "game" depended upon the usages in existence at the time of the grant and therefore did not include deer. I`s appeal was dismissed. There was no general established definition of the word `game` that included deer and the words of the reservation had to be construed in the context of the particular document.
SPORTING RIGHTS
CA 18 October 1988. By an indenture dated 1921 I`s predecessors in title granted a plot of land to F for 99 years subject to a reservation in respect of `all game woodcocks, snipe ... ` and the exclusive right of `hunting shooting and fishing coursing and sporting over and on` the land. I sought a declaration that F was not entitled to hunt or take any deer from the land on the grounds that they fell under the expression `all game`. The court held that what fell under "game" depended upon the usages in existence at the time of the grant and therefore did not include deer. I`s appeal was dismissed. There was no general established definition of the word `game` that included deer and the words of the reservation had to be construed in the context of the particular document.
SPORTING RIGHTS