Legal Definitions - common of estovers

The term common of estovers refers to a historical legal right that allows a person to take a reasonable amount of wood from another individual's land for specific, necessary purposes related to their own property. This right is typically limited to taking wood for essential uses such as fuel (firewood), repairing buildings (like a house or barn), or mending fences and agricultural tools. It is not a right to take wood for commercial sale or for purposes unrelated to the upkeep of one's own estate.

• Example 1: The Old Farmhouse

  Mrs. Henderson owns an old farmhouse that borders a large, privately owned woodland. Her property deed, which dates back centuries, includes a "common of estovers" right. This means Mrs. Henderson is legally permitted to collect fallen branches and small timber from the woodland. She uses this wood specifically as firewood for her farmhouse's fireplace and to repair the wooden fence surrounding her garden. She cannot cut down healthy trees or take wood for commercial purposes, as her right is limited to what is necessary for the upkeep and use of her own property.

• Example 2: Village Common Land

  In a historic village, a group of residents live in cottages bordering a large parcel of land historically known as the "Lord's Wood." Their properties have long-established rights of "common of estovers." This allows the villagers to gather a reasonable amount of wood from the Lord's Wood. This wood is intended for essential uses such as mending their cottage roofs (historically known as house-bote), repairing their agricultural tools (plow-bote), or fixing the hedges that delineate their small plots (hedge-bote). They are not permitted to fell trees indiscriminately or sell the wood for profit.

• Example 3: Estate Maintenance

  Mr. Davies owns a small cottage that was once part of a larger estate. The original grant of his property included a specific "common of estovers" over a designated section of the remaining estate land. Mr. Davies can exercise this right to take wood necessary for maintaining his cottage and its associated structures. For instance, he might collect timber to repair a broken shed door or to replace a damaged beam in his stable. The right ensures he has access to resources for the upkeep of his property, without infringing on the estate owner's primary ownership, and without allowing him to exploit the wood commercially.