Legal Definitions - time of memory

Time of memory is an archaic legal term that refers to a period so far in the past that its beginning cannot be recalled by any living person or traced through historical records. In legal contexts, this concept is often invoked to establish the validity of ancient rights, customs, or practices that have existed continuously for an extremely long duration, implying their legitimacy because their origin is lost to history.

Here are some examples to illustrate this concept:

• Imagine a small village where residents have always used a particular shortcut path across what is now private land to reach the local church. No one in the village remembers when the path was first established, and there are no old deeds or maps explicitly granting public access. When a new landowner attempts to fence off the path, the villagers might argue that their right to use it has existed since "time of memory," meaning it's an ancient custom that should be legally recognized due to its long, uninterrupted use beyond anyone's recollection.

  This example demonstrates how the term is used to assert a right based on its ancient, unrecorded origin, which predates living memory or available documentation.

• Consider a coastal community whose members have traditionally gathered shellfish from a specific tidal flat for generations. There are no formal permits or government documents granting them this right, but the practice has been passed down through families for as long as anyone can remember. If a new environmental regulation seeks to prohibit shellfish gathering in that area, the community might claim these gathering rights have existed since "time of memory," implying a customary right that predates formal legal frameworks and should be respected.

  This illustrates the term's application to a traditional practice whose legitimacy is derived from its continuous, ancient existence, where the exact origin is unknown.

• In an old town, a specific public fountain has been the primary source of drinking water for residents for centuries. While the town's founding documents mention a public square, they don't explicitly detail the fountain's construction or the right to draw water from it. If a modern development project proposes to remove the fountain, local historians and residents might argue that the right to access water from it has been a continuous custom since "time of memory," establishing it as an entrenched public amenity whose origins are lost to the distant past.

  This example shows how the term supports the recognition of a long-standing custom or public amenity whose origins are so old they are beyond recall, making it a de facto right or established part of the community.