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Disturbance

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

[L. Lat. disturhantia, d Uturbatio,'] A wrong done to some incorporeal hereditament, by hindering or disquieting the owners in their regular and lawful enjoyment of it.

Finch, Law, 187. 3 BL Com. 236.

2 CrcM's R^ Prop, 1074, § 2472.— The wrongful obstruction of the owner of an incorporeal hereditament in its exercise or enjoyment.

3 Steph, Com. 610.

DiBTUBBANCE OF FRANCHISE. The disturbing or incommoding a man in the lawful exercise of his franchise, whereby the profits arising from it are diminished.* 3 m.

Com. 236. 3 Steph. Com, 610. 2 CrcM^s Real Prop. 1074, § 2472 a. See Franchise, As to disturbance of office, see 1 Crahb's R, P. 466, § 695.

Disturbance of Common. The doing any act by which the right of another to.his common is incommoded or diminished; as where one who has no right of common puts his cattle into the land, or where one who has a right of common puts in cattle which are not commonable, or surcharges the common; or where the owner of the land, or other person, incloses or otherwise obstructs it.* 3 Bl. Com, 237 — 241.

3 Steph, Com, 611, 612. 1 Crahh's Real Prop. 312, § 348.

See Common. Disturbance or Ways. The obstructing a person's right of way over another's grounds by enclosures, or other obstacles, or by ploughing across it, by which means he cannot enjo}^ his right of way, or at least not in so commodious a manner as he is entitled to do.* 3 Bl. Com. 241.

3 Steph. Com, 613. 1 Crabb's Real Prop. 347, § 393.

See ITay. As to disturbance of the right to water, see 1 Crabb'sR, P. 372, § 427; of the right to light and air.

Id, 396, § 462.

Disturbance of Tenure. The compellmg or inducing a tenant at will to leave his tenancy.* 3 Bl, Com, 242.

3 St^h, Com. 613, 614.

Disturbance of Patronage. The hmdrance or obstruction of a patrcm from presenting his clerk to a benefice.

3 Bl. Com. 242. 3 Steph. Com. 614. 2 Ora WsReal Prep, 1076, § 2472 d.

See Advowaon.

See Advowaon.