Define: Common Of Estovers

Common of estovers refers to the legal right of a person to use another person’s land for specific purposes, such as gathering firewood, grazing livestock, or collecting water.

The right to common of estovers is typically established through long-standing custom or by specific legal agreements, such as easements or rights of way.

In certain circumstances, the right to common of estovers can be revoked. This may occur if the landowner can demonstrate that the use of their land is causing significant harm or if the right was obtained through fraud or misrepresentation.

Yes, the landowner has the right to impose reasonable restrictions on the use of common of estovers. These restrictions may include limiting the time, quantity, or manner in which the rights can be exercised.

The landowner generally cannot charge a fee for the use of common of estovers, as it is considered a customary right. However, they may be able to recover reasonable costs associated with the use, such as repairing damage caused by livestock grazing.

In some cases, the right to common of estovers can be inherited. This typically occurs when the right has been established through long-standing custom and is recognized as a legal right.

The right to common of estovers is generally not transferable or saleable. It is a personal right that is tied to the individual or community that has historically exercised it.

The landowner generally cannot unilaterally change the terms of common of estovers. Any changes to the rights or restrictions would typically require the agreement of the individuals or community exercising the rights.

If the right to common of estovers is infringed upon, the affected party may seek legal remedies, such as an injunction to stop the infringement or a claim for damages if harm has been caused. It is advisable to consult with a legal professional to understand the specific options available in each situation.