Also known as: approvements · enclosure · improvement of waste
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A right in English property law that permits the owner of common land to enclose a portion of it and retain the resulting profits. The right originated under the Statute of Merton and requires governmental consent for modern exercises.
The historical practice by which an accused person avoided capital punishment by accusing and securing the conviction of accomplices.
Each sense below has its own examples, sources, and questions.
A right in English property law that permits the owner of common land to enclose a portion of it and retain the resulting profits. The right originated under the Statute of Merton and requires governmental consent for modern exercises.
Arthur Abrams held common rights over a shared meadow. He petitioned the crown for approvement to fence a section and graze his own livestock exclusively. After receiving consent he erected the enclosure and began collecting rents from subtenants who used the improved pasture.
Anita Ali inherited common land subject to approvement rights. When she built a fence around a portion without first obtaining governmental consent her neighbors challenged the enclosure in court. The court held the fence unlawful because approvement requires prior approval.
The historical practice by which an accused person avoided capital punishment by accusing and securing the conviction of accomplices.
The historical sense refers to an accused person turning king's evidence to avoid execution by accusing accomplices. The property sense concerns enclosure of common land for profit.
Lord Bertram petitioned for approvement over a portion of the village common. After consent he enclosed the parcel and began pasturing his sheep alone. Neighboring commoners sued, claiming the enclosure exceeded the statutory bounds.
The lord of the manor obtained approvement to fence twenty acres of common. He then leased the improved land for cultivation and retained all rents. Tenants who had previously grazed animals there brought suit for compensation.
Widow Catherine sought approvement of a small meadow parcel. Without waiting for the required governmental license she erected a hedge. Other commoners obtained an order compelling removal of the unauthorized enclosure.
Squire Dunstable received approvement consent and fenced a section of common. He then charged neighboring farmers a fee to graze their cattle inside the new enclosure and kept the collected sums as his own profit.
A landowner must obtain governmental consent before enclosing any portion of common land. Without that consent the enclosure is unlawful and subject to challenge by other commoners.
Yes. The right remains available but a landowner must secure government consent before any enclosure occurs.
…the infliction of pain or suffering "in the interest of medical science," § 828.02; the placing of poison in one's yard or enclosure, § 828.08; and the use of a live animal "to pursue or take wildlife or to participate in any hunting," § 828.122(6)(b), and "to hunt wild hogs," § 828.122(6)(e). The city concedes that…