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.