DISTURBANCE OF COMMON

disturbance  of  common.At  common  law,  a  wrongful  interference  with,  or  impediment  to,

another’s right to commonable property, such as a wrongful fencing or surcharge on the common.

“The disturbance of common comes next to be considered; where any act is done, by which

the right of another to  his common is incommoded  or diminished.  This may happen, in the  first

place, where one who hath no right of common, puts his cattle into the land; and thereby robs the

cattle  of the  commoners  of their respective shares of the pasture. Or if  one, who  hath a right of

common, puts in cattle which are not commonable, as hogs and goats; which amounts to the same

inconvenience.” 3 William Blackstone, Commentaries on the Laws of England 237 (1768).[Blacks Law 8th]