Legal Definitions - common of pasture

Common of pasture refers to a specific legal right that allows one person to graze their livestock on land owned by another individual or entity. This right is typically ancient, often dating back centuries, and is usually tied to a particular property or a specific group of people within a community. It grants the holder the ability to use another's land for feeding their animals, such as cattle, sheep, or horses, without owning that land themselves.

• Example 1 (Historical Village Context): Imagine a small village in rural England centuries ago. Farmer Giles owns a modest cottage and a few acres of arable land. Adjacent to his property is a large meadow, "The King's Green," which is technically owned by the local lord. However, Farmer Giles, along with other villagers who own cottages in the village, possesses a common of pasture right. This right allows him to turn his cows out onto The King's Green to graze during certain seasons, providing essential feed for his livestock without having to own the meadow himself.

  This illustrates the term because Farmer Giles, as the holder of the right, uses land owned by the lord (The King's Green) to graze his cattle, which is the essence of a common of pasture.

• Example 2 (Modern Property-Specific Context): Consider a situation where a historic farm, "Willow Creek Farm," was sold off in parcels over time. The original farmhouse and a small plot of land were purchased by Ms. Chen. A large, undeveloped field next to her property was sold to a developer. However, the deed for Willow Creek Farm included an ancient common of pasture right, allowing the owner of the farmhouse to graze up to five sheep on the adjacent field for a specified period each year. Even though the developer now owns the field, Ms. Chen retains this specific right to use a portion of it for her sheep, as it was legally established and passed down with her property.

  This example demonstrates the term as Ms. Chen, the owner of Willow Creek Farm, has a legal right to graze her sheep on land owned by the developer, highlighting how such rights can be attached to specific properties and persist through changes in ownership.

• Example 3 (Community-Based Grazing): In a remote highland region, a group of crofters (small-scale farmers) historically relied on a vast, communal mountain pasture for their sheep. While the mountain itself is technically owned by a large estate, each crofter's individual croft (smallholding) comes with an associated common of pasture right. This right permits them to graze a specific number of their sheep on the estate's mountain land during the summer months. This arrangement is crucial for their livelihood, as their individual crofts are too small to sustain their flocks, and the common right ensures access to vital grazing land.

  Here, the common of pasture is evident as the crofters, who do not own the mountain land, possess a legal right to graze their sheep on the estate's property, illustrating a community-wide application of this ancient right for sustenance.