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Simple English definitions for legal terms
common
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A quick definition of common:
Common: A legal right to use someone else's property, like a field or a pond, for things like grazing animals or fishing. It can be a right that comes with owning land nearby, or it can be given by the owner of the property. Sometimes, a big piece of land is set aside for everyone to use, like a park or a playground.
A more thorough explanation:
Common refers to a legal right to use someone else's property for a specific purpose. This can include:
- Common appendant: A tenant's right to graze animals on the landowner's land due to long-standing practice.
- Common appurtenant: A landowner's right to graze animals on another's land due to a written grant relating to the ownership or occupancy of land.
- Common in gross: A right to graze animals on another's land due to a written grant unrelated to ownership or occupancy of land.
- Common in the soil: The right to dig and take away earth from another's land.
- Common of estovers: A tenant's right to take necessary supplies, especially wood, from the lord's estate.
- Common of fishery: A right to fish in waters on another's land.
- Common of pasture: A right to pasture one's cattle on another's land.
- Common of piscary: A right to fish in waters on another's land.
- Common of shack: The right of people occupying land in a common field to release their cattle to graze after harvest.
- Common of turbary: The right to dig turf (for use as fuel in a house) from another's land.
- Common without stint: A right to graze an unlimited number of cattle.
Additionally, common can refer to a tract of land set aside for the general public's use.
An example of common appendant would be a farmer who has the right to graze their animals on a neighboring landowner's property because it has been a long-standing practice.
An example of common of estovers would be a tenant who has the right to take wood from the lord's estate to use as fuel for their home.
An example of common of pasture would be a rancher who has the right to graze their cattle on a neighboring landowner's property.
An example of a tract of land set aside for the general public's use would be a park or nature reserve.
These examples illustrate how common refers to a legal right to use someone else's property for a specific purpose, whether it be grazing animals, taking necessary supplies, or using a tract of land for public use.