Legal Definitions - common of turbary

Common of turbary refers to a specific type of ancient legal right that allows an individual to cut and take peat or turf from another person's land. This right is strictly limited to obtaining fuel for personal use in the individual's own home, not for commercial sale or any other purpose. It is one of several "rights of common," which are historical entitlements allowing certain activities on land owned by someone else.

Here are some examples to illustrate this concept:

• Imagine a small, historic village in a rural area where heating homes with peat was once common. Centuries ago, the local lord, who owned vast tracts of land including a large peat bog, granted the villagers the right to cut peat from a specific section of that bog for their household fuel. This right was passed down through generations, becoming an established legal entitlement for the residents of those particular homes. This would be a clear example of a common of turbary, allowing villagers to gather fuel for their own domestic use from land owned by someone else.

• A modern property developer purchases a large estate that includes a significant area of moorland containing peat deposits. The developer plans to build luxury homes and a private golf course. However, a few long-standing residents in cottages adjacent to the estate claim they possess a common of turbary over a specific part of the moorland. Their families have historically cut peat from this area for heating their homes. Before proceeding with development, the developer would need to legally acknowledge or extinguish these rights, as they represent a valid, albeit ancient, entitlement for the residents to use the land for their personal fuel needs.

• Consider a farmer who owns a smallholding bordering a large, privately owned woodland that contains a small peat bog. The farmer's property deeds include a clause granting them a common of turbary, allowing them to cut a certain amount of peat from the bog for their own domestic heating. If the farmer were to cut an excessive amount of peat and attempt to sell it to other villagers or use it to fuel a commercial drying operation for their crops, they would be acting outside the scope of their common of turbary. The right is specifically for personal consumption, not for commercial gain or industrial use.