Wild v Domestic At common law, animals were divided into two categories. Domestic or tamed animals or wild animals. In this context, animal refers to living creatures generally. Domestic animals include all animals and birds that by training or habit, live with man. This would include farm animals and domestic pets, horses, goats, and sheep. Wild animals include lions, tigers and other potentially savage animals, […]
Knowledge of Disposition Animals which are harmless of their nature or domesticated over generations are presumed not to be of a dangerous disposition. At common law, the owner was not liable in the absence of negligence, for any vicious or mischievous behaviour which is not in the animal’s nature usually to commit unless he knew that the animal had a particular disposition or propensity for […]
Turbary & Estovers Rights of turbary and estovers are the rights, respectively, to take turf and wood from land for the purpose of fuel for a house. At common law, a tenant is entitled to turf for his own consumption from a bog on the property let. The right to take turf may exist as a sole profit. More usually, it is held in common […]
Profits A profit a prendre is a right to take something from the land of another. It is a proprietary right and has certain similarities to an easement. However, unlike an easement, it may, but need not be attached to or accommodate/benefit adjoining land. Profits a prendre may relate to anything which is the produce of the land. This can range from animals on it, […]
No General Right to Roam Generally, the person who is the owner or, more correctly, occupier of land has the right to consent to who or who does not enter. Entering the land of another without consent is trespass. Negligence is not required. Where a person enters land short of being physically pushed into it, he commits trespass. (The person who pushes him would also […]
Public Rights of Way Public rights of way are different to private rights-of-way and private rights to enter land for sporting or fishing purposes. A public right-of-way is a right over a defined route that is exercised by the public as of right. There can also be public rights such as public rights of fishing and navigation. It is created by an actual or inferred […]
State and Public Sector Land There is no automatic or presumed access to State or public sector land. The State is in the same position as other landowners. The State and public authorities are subject to the general laws of property and do not enjoy any special position. The State is the successor to the Crown since 1922 and has title to large areas of […]
General Commonage is often used in an imprecise way to describe common rights of pasture as well as cases where the graziers have acquired ownership in common in undivided shares. There is a class of property rights which allows one person to enter the land of another to take products of the soil. This is called a profit. It may exist attached to adjoining land […]
Terms and Conditions of Entry In the case of public lands, they may be subject to byelaws made by the relevant body which apply. Sometimes these byelaws are made as rules and published. In other cases, they are posted up at entrances as well. As a general rule, a private owner may place terms and conditions on its consent. The owner may erect signs and […]