right of commons

property law

Also known as: profit, profit à prendre

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July 13, 2026

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In Anglo-American property law, the "commons" refers to an area of land for public use. Historically, this originated in feudal England as "waste" land belonging to a lord, which his tenants could use for pasture and firewood. This "right of commons" often conflicted with the lord's right to use the land himself, provided enough remained for the tenants' livestock. In modern times, this right has largely become obsolete with changes in agriculture, and commons are now typically used for recreation. In the American Colonies, commons often took the form of town squares or greens for municipal or recreational purposes. A related concept is "common appendant," the right to pasture animals on another's land, typically associated with owning arable land within a manor.12

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commons
For centuries this right of commons conflicted with the lord’s right to “approve” (i.e., appropriate for his own use) any of his waste, provided he left enough land to support the commoners’ livestock. In the 19th century the right of approvement was in effect assumed by the government.…
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For centuries this right of commons conflicted with the lord’s right to “approve” (i.e., appropriate for his own use) any of his waste, provided he left enough land to support the commoners’ livestock. In the 19th century the right of approvement was in effect assumed by the government.…
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property law
Easements and profits
An easement in Anglo-American law is a privilege to do something on the land of another or to do something on one’s own land that would otherwise be actionable by one’s neighbors (known as an affirmative easement). Exceptionally, it is the right to prevent…
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An easement in Anglo-American law is a privilege to do something on the land of another or to do something on one’s own land that would otherwise be actionable by one’s neighbors (known as an affirmative easement). Exceptionally, it is the right to prevent…
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property
… (such as rights of way), profits (such as the right to take minerals or timber), real covenants (such as a promise to pay a homeowners’ association fee), and equitable servitudes (such as a promise to use the property for residential purposes only). The civil law does not have as many…
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… (such as rights of way), profits (such as the right to take minerals or timber), real covenants (such as a promise to pay a homeowners’ association fee), and equitable servitudes (such as a promise to use the property for residential purposes only). The civil law does not have as many…
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servitude
Profits give someone the right to enter and remove natural resources (e.g., sand and gravel) from the land of another. Servitudes usually arise out of agreements between owners and users but may also be created by prescription (i.e., by open use of someone else’s property…
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Profits give someone the right to enter and remove natural resources (e.g., sand and gravel) from the land of another. Servitudes usually arise out of agreements between owners and users but may also be created by prescription (i.e., by open use of someone else’s property…
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