Legal Definitions - discommon

Discommon refers to the act of removing a shared right, privilege, or the common status of something, often related to land or community access. It can mean:

• To take away a specific right that individuals or a community have over shared resources or land.
• To change the nature of land so it is no longer considered common or accessible for shared use.
• To exclude someone from the general privileges or membership within a particular group, institution, or place.

Here are some examples to illustrate the concept of discommon:

• Example 1: Removing a Specific Right Over Common Land

  Imagine a small village where residents have historically held the right to gather fallen timber for firewood from a designated community forest. A new environmental protection act is passed, reclassifying the forest as a protected ecological reserve where the removal of any natural materials is strictly prohibited.

  This act effectively discommons the villagers of their traditional right to gather timber. While the forest remains, the specific common privilege associated with it has been legally removed.

• Example 2: Changing the Commonable Character of Land

  Consider a large, undeveloped field on the outskirts of a town that, for generations, has been informally used by local residents for recreational activities like kite flying, dog walking, and picnicking, even though it was privately owned but never restricted. The owner decides to sell the land to a developer who plans to build a private housing complex, erecting fences and "Private Property" signs around the entire perimeter.

  The developer's actions discommon the land by transforming it from an informally shared, accessible space into a private, restricted area, thereby removing its commonable character and public access.

• Example 3: Depriving Someone of Community Privileges

  A university maintains several student common rooms and study areas that are accessible to all enrolled students using their student ID cards. A student is found guilty of a serious academic integrity violation and is subsequently expelled from the university.

  The expulsion discommons the student, depriving them of the privileges of being a university member, including access to the common rooms, study areas, and other shared campus facilities.