Legal Definitions - common in the soil

Definition: Common in the soil means something that is found commonly in the ground. It can also refer to legal rights related to the use of someone else's property.

Examples:

• Common appendant: A tenant's right to graze animals on the landowner's land as a result of long-standing practice.
• Common appurtenant: A landowner's right to graze animals on another's land as a result of a written grant relating to the ownership or occupancy of land.
• Common of pasture: A right to pasture one's cattle on another's land.
• Common of piscary: A right to fish in waters on another's land.
• Common of turbary: The right to dig turf (for use as fuel in a house) from another's land.

These examples illustrate different legal rights related to the use of someone else's property. For instance, common appendant and common appurtenant refer to a tenant's or landowner's right to graze animals on another's land. Common of pasture, piscary, and turbary refer to the right to pasture cattle, fish in waters, and dig turf, respectively, on another's land.