COMMON

common,n.1. A legal right to use another person’s property, such as an easement. See PROFIT à PRENDRE.

common appendant (<<schwa>>-pen-d<<schwa>>nt).Hist. A tenant’s right to graze animals on the landowner’s land as a result of long-standing practice. See profit appendant under PROFIT(2).

“The … common appendant is founded on prescription, and is regularly annexed to arable land…. The tenant was limited to such beasts as were levant and couchant on his estate, because such cattle only were wanting to plough and manure his land. It was deemed an incident to a grant of land, as of common right, and to enable the tenant to use his plough land.” 3 James Kent, Commentaries on American Law *404 (George Comstock ed., 11th ed. 1866).

common     appurtenant        (<<schwa>>-p<<schwa>>r-t<<schwa>>-n<<schwa>>nt).Hist.        A landowner’s right to graze animals on another’s land as a result of a written grant relating to the ownership or occupancy of land. See profit appurtenant under PROFIT(2).“Common appurtenant may be affixed to any kind of land …. It allowed the owner to put in other beasts than such as plough or manure the land; and, not being founded on necessity, like the other rights, … was not favored in the law.” 3 James Kent, Commentaries on American Law *404 (George Comstock ed., 11th ed. 1866).

common in gross.Hist. A right to graze animals on another’s land as a result of a written grant unrelated to own-ership or occupancy of land. — Also termed common at large. See profit in gross under PROFIT(2). common in the soil.Hist. The right to dig and take away earth from another’s land. — Also termed common of digging. common of estovers (e-stoh-v<<schwa>>rz).Hist. A tenant’s right to take necessary supplies, esp. wood, from the lord’s estate; the right to estovers. See ESTOVER(1). common of fishery.See common of piscary. common of pasture.Hist. A right to pasture one’s cattle on another’s land. • The common of pasture may be appendant, appurtenant, or in gross. common of piscary (pis-k<<schwa>>-ree).Hist. A right to fish in waters on another’s land. — Often shortened to piscary. — Also termed common of fishery.common of shack.Hist. The right of people occupying land in a common field to release their cattle to graze after harvest. common of turbary (t<<schwa>>r-b<<schwa>>-ree).Hist. The right to dig turf (for use as fuel in a house) from another’s land. common without stint.Hist. A right to graze an unlimited number of cattle.

2. A tract of land set aside for the general public’s use. [Cases: Common Lands  1. C.J.S. Common Lands §§ 1–5.] [Blacks Law 8th]