Legal Definitions - estover

Estover refers to the legal right of a tenant to take a reasonable amount of natural resources, typically wood, from the leased property for specific, necessary purposes related to their tenancy and the property's upkeep. These purposes commonly include obtaining fuel for heating, materials for repairing agricultural tools, or wood for maintaining fences and hedges on the property. Essentially, it grants the tenant the right to use certain resources to sustain their ability to live on and work the land. In some older legal contexts, the term also referred to alimony.

Here are some examples illustrating the concept of estover:

• Example 1: Rural Farm Lease

  Imagine a farmer who leases a large rural property that includes a farmhouse, several barns, and a small, unmanaged wooded area. The lease agreement does not explicitly mention the tenant's right to use timber. During the winter, the farmer needs wood to heat the farmhouse, and several wooden fence posts around the livestock pasture have rotted and need replacement. Under the principle of estover, the farmer would likely have the right to cut a reasonable amount of deadfall or select trees from the wooded area for these essential purposes. This right exists because heating the home and maintaining the fences are necessary for the tenant's habitation and the proper functioning of the leased farm property.

• Example 2: Commercial Orchard Lease

  Consider a tenant who leases an established apple orchard for commercial fruit production. The orchard contains some very old, non-productive apple trees that need to be removed to improve the health of the younger trees. There is also a small, dilapidated wooden shed on the property used for storing harvesting equipment that requires significant repairs. The tenant could claim estover to use the wood from the removed, non-productive apple trees to repair the storage shed or to create stakes for supporting young saplings. This use is directly related to the agricultural purpose of the lease and the maintenance of the property's infrastructure, making it a legitimate exercise of the right of estover.