Legal Definitions - gisement

The term gisement is an archaic legal term that refers to what is now more commonly known as agistment. Agistment describes a specific type of agreement where one person allows another person's livestock to graze or be pastured on their land for a fee, without transferring ownership or possession of the land itself. It is essentially a contract for the feeding and care of animals on someone else's property.

Here are some examples to illustrate the concept:

• Example 1: A small-scale cattle farmer, Mr. Henderson, has a lush pasture that is currently underutilized. His neighbor, Ms. Davies, a dairy farmer, needs extra grazing land for her heifers during the summer months. They enter into an agreement where Ms. Davies pays Mr. Henderson a monthly fee to allow her heifers to graze on his pasture. Mr. Henderson retains control over his land, but he is responsible for ensuring the pasture is suitable for the animals.

  Explanation: This scenario illustrates gisement (or agistment) because Ms. Davies' livestock are being kept and fed on Mr. Henderson's land for a fee, without Ms. Davies gaining any ownership or leasehold interest in the land itself. Mr. Henderson is providing the service of pasturage.

• Example 2: A horse owner, Sarah, lives in a suburban area with limited space for her show jumping horse. She contracts with a local equestrian center, "Green Meadows Stables," to board her horse. The contract specifies that the horse will be kept in a paddock, provided with hay and water, and allowed access to the center's grazing fields. Sarah pays a fixed monthly fee for these services.

  Explanation: This is an instance of gisement because Sarah's horse is being pastured and cared for on the equestrian center's property in exchange for payment. The center maintains control over its land and facilities, while providing the service of housing and feeding the animal.

• Example 3: During a severe drought, a sheep rancher, Mr. Chen, finds his usual grazing lands are barren. He arranges with a neighboring farmer, Mrs. Rodriguez, who has irrigated fields, to temporarily move his flock onto her property for a few weeks until his own pastures recover. Mr. Chen pays Mrs. Rodriguez a weekly rate per head of sheep for the use of her fields and the provision of water.

  Explanation: This situation demonstrates gisement as Mr. Chen's sheep are being grazed on Mrs. Rodriguez's land for a fee. Mrs. Rodriguez is not selling or leasing her land, but rather providing the service of pasturage for the livestock, which is the core concept of agistment.