HopefullyInLawSchool
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Simple English definitions for legal terms
common appurtenant
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A quick definition of common appurtenant:
A common appurtenant is a legal right that allows someone to use another person's property, such as land, for a specific purpose. This could be grazing animals or digging up earth. There are different types of common appurtenants, including common appendant, which is a tenant's right to graze animals on the landowner's land, and common appurtenant, which is a landowner's right to graze animals on another's land as a result of a written grant relating to the ownership or occupancy of land.
A more thorough explanation:
Definition: A legal right to use another person's property, such as an easement. It can be of three types:
- Common appendant: A tenant's right to graze animals on the landowner's land as a result of long-standing practice.
- Common appurtenant: A landowner's right to graze animals on another's land as a result of a written grant relating to the ownership or occupancy of land.
- Common in gross: A right to graze animals on another's land as a result of a written grant unrelated to ownership or occupancy of land.
Examples:
- A farmer has a common appurtenant right to graze his cattle on his neighbor's land as per a written agreement between them.
- A village has a common appendant right to graze their animals on a nearby field as per a long-standing tradition.
- A company has a common in gross right to extract minerals from a land they do not own as per a written agreement with the landowner.
The examples illustrate the different types of common appurtenant rights that can exist between landowners and tenants or neighbors. These rights are legally binding and can be enforced in court if necessary.