Legal Definitions - common of digging

A "common of digging" is a specific legal right that allows an individual or a group to dig for and remove certain materials from land owned by another person. This right is typically limited to specific types of materials, such as sand, gravel, clay, or peat, and is often rooted in historical custom or a formal grant. It is a type of "profit à prendre," which means a right to take something from another's land.

Here are some examples illustrating a common of digging:

• Example 1: Peat for Fuel
  Imagine a small village located adjacent to a large, privately owned moorland. For centuries, the villagers have held a recognized right to dig peat from a designated section of this moor. This peat is essential for heating their homes and cooking, especially during harsh winters. This historical entitlement, allowing them to dig for and remove peat from land they do not own, constitutes a common of digging. The right is specific to digging peat and is exercised on another's property.
• Example 2: Clay for Local Crafts
  Consider a community renowned for its traditional pottery. Generations ago, the local landowner granted the potters' guild a perpetual right to dig a specific type of clay from a particular hillside on their estate. This unique clay is crucial for their craft. Even if the land changes ownership, the guild retains this right to access the hillside, dig the clay, and transport it for their work. This is an illustration of a common of digging, as it grants a specific group the right to extract a material (clay) from land owned by someone else.
• Example 3: Gravel for Road Maintenance
  A large agricultural estate includes several miles of private farm tracks. Historically, the estate's tenants were granted the right to dig gravel from a specific, non-agricultural plot within the estate boundaries to repair and maintain these tracks. This right ensures the tracks remain passable for their farming operations without requiring them to purchase gravel from external sources. This arrangement represents a common of digging because it allows the tenants to dig for and remove a specific material (gravel) from a designated area of the landlord's property for a defined purpose.