Legal Definitions - common

The term "common" has two primary meanings in a legal context:

1. A legal right to use another person's property for a specific purpose.

This refers to a recognized legal entitlement that allows an individual or a group to utilize a part of someone else's land or resources, even though they do not own that property. These rights are often established through historical practice, written agreements, or legal necessity, and they are typically limited to specific activities.

• Example 1: Access to a Shared Driveway
  Imagine two houses built side-by-side, but the only practical way for the back house to access the main road is by driving across a portion of the front house's property. A legal "common" right, often in the form of an easement, might be established, allowing the owner of the back house to use that specific strip of land as a driveway.
  This illustrates "common" because it grants the owner of the back house a legal right to use a specific part of their neighbor's property (the driveway) for a defined purpose (access to the road), without owning that strip of land themselves.
• Example 2: Utility Line Access
  A local power company needs to run electrical lines to a new development. To do so, they must cross a corner of a private farm field. The power company secures a legal "common" right, often called a utility easement, allowing them to install and maintain their power lines on that specific portion of the farmer's land.
  This demonstrates "common" as the utility company gains a legal right to utilize a section of the farmer's private property for the public purpose of providing electricity, even though they do not own the land.
• Example 3: Fishing Rights on a Private Lake
  A historical agreement might grant residents of a small village the "common" right to fish in a privately owned lake situated within the village boundaries, even though the lake and surrounding land belong to a single landowner. This right would be limited to fishing and would not include other uses like boating or swimming unless explicitly stated.
  This exemplifies "common" because it provides a specific group (the villagers) a legal entitlement to use a resource (the fish in the lake) on another person's property, based on an established right rather than ownership.

2. A tract of land set aside for the general public's use.

This refers to an area of land, typically in a town or village, that is designated for shared public access and enjoyment. These spaces are often maintained by the local government and are available for community activities, recreation, or simply as open green space.

• Example 1: A Town Square
  In the center of many historic towns, there is a "town common" or square where public markets are held, festivals take place, and people gather. This land is not owned by any single individual but is preserved for the collective use and benefit of all residents and visitors.
  This illustrates "common" as the land is a designated public space, accessible to everyone in the community for various shared activities.
• Example 2: A Neighborhood Park
  A residential development might include a central park area with playgrounds, walking paths, and picnic tables. This land is deeded to the homeowner's association or the municipality as a "common" area, ensuring all residents have access to it for recreation and leisure.
  This demonstrates "common" because the park is a specific parcel of land reserved for the shared use and enjoyment of the neighborhood's residents, rather than being privately owned by one individual.