Legal Definitions - levant and couchant

Levant and couchant is a legal principle, historically rooted in property law, that refers to the capacity of land to support a certain number of animals, typically livestock. It describes a situation where animals have remained on a property long enough to lie down and rise again (spend a night and a day), implying that the owner of the land had a reasonable opportunity to notice their presence and object. This concept was often used to determine the extent of certain rights, such as common pasturage, by assessing how many animals the dominant land could reasonably sustain.

Here are some examples illustrating this concept:

• Example 1: Limiting Rights of Common Pasturage

  Imagine a historic village where residents have a traditional right to graze their cattle on a shared common pasture. This right is often limited by the principle of levant and couchant. If Farmer Giles owns a small plot of land that can only adequately feed and shelter five cows overnight, he would only be entitled to graze five cows on the common, even if the common itself could support many more. The principle ensures that the right to use the common is tied to the capacity of the individual's own land to sustain the animals, preventing overgrazing and ensuring fair use among all who hold the right.

• Example 2: Establishing a Prescriptive Easement

  Consider a rancher whose cattle frequently wander from their fenced pasture onto an adjacent, unfenced parcel of undeveloped land owned by a distant corporation. If the cattle spend days and nights grazing on this adjacent land for many years without any objection or action from the corporation, they are considered to be levant and couchant on that property. This prolonged, open, and unchallenged presence could eventually contribute to the rancher claiming a prescriptive easement for pasturage over the corporation's land. The "levant and couchant" status demonstrates that the animals were not merely passing through but were established on the land, providing ample opportunity for the owner to notice and challenge their presence.

• Example 3: Determining Trespass and Damages

  Suppose a flock of sheep escapes their enclosure and enters a neighbor's vineyard, causing significant damage by eating the grapevines. The neighbor discovers the sheep the following morning, having spent the entire night in the vineyard. In this scenario, the sheep are considered levant and couchant on the neighbor's property. This status signifies that the animals were not just briefly on the land but had settled there for a substantial period, giving the vineyard owner a clear opportunity to observe the trespass. This fact could be relevant in legal proceedings, for instance, when assessing damages or if the vineyard owner had a right to impound the animals.