Legal Definitions - common in the soil

The term "common in the soil" refers to a specific type of legal right, known as a common right, which allows one person to take certain materials directly from the land belonging to another.

Unlike rights that involve using the surface of the land (like grazing animals) or taking things from water (like fishing), a "common in the soil" specifically grants the holder the entitlement to extract substances found within the earth itself. These substances typically include minerals, sand, gravel, clay, stone, or peat, which are considered part of the land's physical composition.

Here are some examples to illustrate this concept:

• Example 1: Peat Extraction for Fuel

  Imagine a small, historic village situated near a large bog, which is privately owned by a distant estate. For centuries, the villagers have held a recognized legal right to enter a specific section of this bog each autumn to cut and remove a certain amount of peat. This peat is then dried and used as fuel for heating their homes throughout the winter.

  This scenario illustrates a "common in the soil" because the villagers possess a legal right to take a physical substance—peat—directly from the ground of land owned by another party (the estate). This right pertains specifically to extracting material from the earth itself.

• Example 2: Stone for Property Maintenance

  Consider an old farm estate whose property deeds include a clause granting the current owner the right to quarry a limited quantity of building stone each year from a designated outcrop located on an adjacent, separately owned parcel of land. This stone is exclusively used for repairing the farm's historic dry-stone walls and outbuildings.

  This is an example of a "common in the soil" because the farm owner has a legal entitlement to extract a raw material—stone—directly from the earth on another person's property, for a specific and defined purpose related to their own land.

• Example 3: Clay for Traditional Craftsmanship

  In a region renowned for its traditional pottery, a local guild of artisans holds a long-standing customary right to dig a particular type of clay from a specific, privately owned field. This clay is essential for their unique ceramic creations, and the right has been passed down through generations, allowing them to take the raw material directly from the ground.

  This situation demonstrates a "common in the soil" as it involves the right of the artisans to extract a natural resource—clay—from the subsurface of land belonging to someone else. The right is focused on taking a material that is literally "in the soil."