Legal Definitions - right of common

A right of common is a specific type of legal right that allows one person or a group of people to take a natural product or resource from land owned by someone else. These rights are often historical and relate to the use of the land's natural bounty, such as grazing animals, fishing, or collecting wood. It is a right to *take* something from the land, rather than merely to pass over it or enjoy its scenery.

• Example 1: Grazing Rights

  In a rural English village, the local farmers historically held a right of common to graze their sheep on a large, privately owned meadow situated at the edge of the village. Even though the meadow belonged to a specific landowner, the farmers could legally allow their livestock to feed there during certain times of the year. This illustrates a right of common because it permits the farmers to take a natural product (grass, via their animals) from land they do not own.

• Example 2: Fishing Rights

  A homeowner purchased a property that bordered a river. Their property deed explicitly included a right of common allowing them to fish in a particular stretch of the river, even though the riverbed and the surrounding land on the opposite bank were owned by a neighboring estate. This demonstrates a right of common as it grants the homeowner the legal ability to take a natural resource (fish) from water and land owned by another party.

• Example 3: Turbary (Right to Cut Peat)

  For generations, residents of a small community living near a bog had a right of common known as "turbary." This right allowed them to cut and remove peat from a designated section of the bog, which was owned by a large estate, for use as fuel in their homes. This is a clear example of a right of common because it permits the community members to take a specific natural product (peat) from land belonging to someone else for their own benefit.