Legal Definitions - common without stint

The legal term common without stint refers to a historical right held by an individual or a community to use another person's land for a specific purpose, where there is absolutely no limit or restriction on the quantity or number of resources that can be taken or the animals that can be placed there.

Essentially, it grants an unlimited right to exploit a particular resource on someone else's property. This type of right is exceedingly rare in modern law due to its potential for overuse and conflict, and most contemporary "rights of common" are subject to specific limitations.

• Example 1: Unlimited Grazing Rights

  Imagine a medieval village where the local lord owned a large pasture. A traditional right might have existed for the villagers to graze their livestock on this pasture. If this right was "common without stint," it meant that each villager could put an unlimited number of their cows, sheep, or horses onto the lord's land, without any restriction on the quantity of animals they could keep there.

  How this illustrates the term: The key here is the "unlimited number." There's no cap on how many animals a villager could graze, demonstrating the "without stint" aspect – no quantitative limit on the exercise of the common right (grazing).

• Example 2: Unrestricted Fishing Rights

  Consider a historical scenario where a community living near a river had a recognized right to fish in a particular stretch of that river, even though the riverbed and banks were privately owned. If this was a "common without stint" right, it would mean that members of the community could fish as much as they wanted, taking an unlimited quantity of fish, without any daily catch limits or seasonal restrictions imposed by the landowner.

  How this illustrates the term: The ability to take an "unlimited quantity of fish" directly reflects the "without stint" condition, meaning there's no restriction on the amount of the resource (fish) that can be taken under the common right.

• Example 3: Unlimited Timber Collection

  In some historical contexts, residents of a particular area might have held a right to collect firewood or timber from a specific forest belonging to a large estate. If this right was "common without stint," it would imply that these residents could gather as much wood as they needed, without any limits on the volume or frequency of collection. They wouldn't be restricted to a certain number of logs per week or a specific type of tree.

  How this illustrates the term: The phrase "as much wood as they needed, without any limits on the volume or frequency" clearly shows the absence of any quantitative restriction, which is the defining characteristic of a right held "without stint."