HC Deb 01 July 1908 vol 191 cc770-1
MR. MENZIES (Lanarkshire, S.)

I beg to ask the Lord Advocate whether, in view of the fact that forty years continuous use of a footpath gives the public a prescriptive right to use, commonly called a right of way, he would bring forward legislation to make the same principle apply to any river in the Lowlands of Scotland which has been continuously fished for the same length of time without let or hindrance from the landed proprietor.


The exclusion in recent years of the public from fishing over considerable stretches of water has brought into greater prominence the question of the possible acquisition by the public of such rights of access and fishing by prescriptive use or otherwise. My hon. friend quite rightly alludes to the relation which such acquisition bears to the whole question of rights of way. These questions so related have for some time been receiving the careful consideration of the Government. The point as to future legislation does not fall within my Department, and any Question on the subject should be addressed to the Prime Minister.