Legal Definitions - couchant and levant

Couchant and levant (or levant and couchant) is an old legal principle, primarily from English common law, used to determine when the owner of trespassing livestock becomes liable for damages. It literally translates to "lying down and rising up."

The principle suggests that if an animal, such as a cow or sheep, has been on another person's land for a sufficient duration—long enough to lie down and then get up again—its owner is considered to have had a reasonable opportunity to discover the trespass and remove the animal. Once this period has passed, the owner of the animals is held responsible for any damage the animals cause to the land or property.

• Example 1: Cattle in a cornfield
  Farmer A's cattle escape their pasture due to a broken fence and wander into Farmer B's cornfield. The cattle spend several hours in the field, eating corn and trampling crops, eventually lying down to rest and then getting up again before Farmer B discovers them.

  Explanation: Under the principle of couchant and levant, because Farmer A's cattle were on Farmer B's land for a sufficient duration—long enough to lie down and get back up—Farmer A is deemed to have had a reasonable chance to notice and retrieve them. This establishes Farmer A's liability for the damage caused to Farmer B's cornfield.

• Example 2: Sheep in an orchard
  A flock of sheep belonging to a local shepherd breaks through a weak gate and enters a neighboring apple orchard. They graze on the grass, nibble on young apple tree shoots, and eventually settle down for a period before moving on. The orchard owner discovers the damage the next morning.

  Explanation: The fact that the sheep were present in the orchard long enough to exhibit the behavior of "lying down and rising up" signifies that the shepherd had a reasonable window of opportunity to discover their escape and prevent the damage. Consequently, the shepherd would be held liable for the harm inflicted upon the apple trees and orchard property.

• Example 3: Horses in a private garden
  Horses from a nearby equestrian center escape their paddock and enter a private residential garden, where they graze on ornamental plants, damage flowerbeds, and leave droppings. They remain in the garden for several hours, resting and moving about, before the homeowner notices their presence.

  Explanation: Applying the couchant and levant rule, the extended presence of the horses in the garden, indicated by their ability to lie down and rise again, establishes that the equestrian center had ample time to realize the horses were missing and retrieve them. This principle would make the equestrian center responsible for the costs of repairing the damaged garden.