Common

or right of common, in the English law, is an incorporeal hereditament which consists in «@ profit which a man has in the lands of another. Common is of four sorts j of pasture, piscary, turbary and estovers.

Finch’s Law, 157; Co. Litt. 122; 2 Inst. 86; 2 Bl. Com 32. 1.

Common of pasture is a right of feeding one’s beasts on another’s land, and fs either appendant, appure tenant or in gross. Common appens dant is of common right, and it may be claimed in pleading as appendant without layinga prescription.

Hargr. note to 2 Inst. 122, a, note.

Rights of common appurtenant to the claime of the tenure,.and do not arise from any absolute necessity; but may be annexed to lands in other lordships, or extended to other beasts, besides such as are generally commonable. Common in gross, or at large ig such as is neither appendant nor appurtenant to land, but is annexed toa man’s person. All these specics of pasturable common, may be and usually are limited as to number and time; but there are also common without stint, and which last all the year.

2 Bl. Com. 34. 2.

Common of piscary is a liberty of fishing in another man’s water. Ib.

See Fishery.

3.

Common of turbary isa liberty of turf in another man’s desing ground.

Ib. 4.

Common of estovers isa liberty of taking necessary wood for the use or furniture of a house or. farm from another man’s estate. Ib.

See Estovers.

See, in general, ‘Vin. Abr. Common; Bac. Abr. Common; Com. Dig. Common; Stark. Ev. part 4,p. 383; Cruise on Real Prop. h. t.