Buchanan County bulletin. [volume] (Independence, Iowa) 1869-1891, 1871-10-27

Lands Fenced in Common.

HousEEoip The farmer readers OF the BullE.
TIN are cordially Invited to write fcrt
Lands Fenced in Common.
On account of the scarcity of
timber, nothing is more common in
this country than for several per-
sons owning adjoining pieces of
land to enclose several tracts in
common belonging to several diff
fercnt persons. While this custom
is cheap, and may present certain
advantages, the thrifty farmer
is placed on an equality with the
unthritty one, and has to submit to
many disadvantages when he enters
into an agreement to fence in COM
mon, probably if a written contract
was entered into (Which is Unusually
he could protect his rights; but, no
agreement, even though in writing,
will usually be lived up to by the
careless and negligent man, and the
enforcement is expensive; it pre-
| sents the same disadvantages and
engenders the same feelings usually
| engendered by two families occupy
ing the same house, and will only
be adopted by necessity, and for a
short time; yet certain legal rights
are attached to such compacts or
agreements that l will present,
which is the object Of this ar
| ticle:
l. The rights, duties and liabili-
ties Of the parties.
2. The mode Of enforcing them.
8. The manner Of dividing the
lines.
l. These agreements are usually
implied, excepting the agreement to
! enclose in common.
Where lands are enclosed in
| common, each party virtually agrees
and such contract is implied, he
will use his land in the common en-
closure in such a manner as not to
prejudice his ncighbor, who is his
tenant in common with him; yet lie
has right to use his land according
to the ordinary custom Of the coun-
try, and plant and SOW the crops
usually cultivated. A. and B. to H.
lustrate, own adjoining lands en-
closed in common-A. sows his
farm in part to small grain and in
part he reserves to meadow land
i. plants his land to corn and pota-
toes, in part, and puts out turnips,
beets and other crops that mature
late in the season.
AS crop is gathered early and
he desires the use of the after feed
on his premises-if he turns his
stock in they pass over and eat 3. S
corn, beets and turnips; and A. is
liable for trespass. g., in good
faith, is bound to gather his crops
in proper time, according to the
custom Of the country; but, sill if
he does not, A. can't turn in and
permit his cattle 70 destroy the
crops, And probably cannot col
lect the value of his feed to him,
even after that time has elapsed,
unless specially agreed to, for he
would still be prohibited from pas
turing BIS land, when the crops
were gathered, unless the parties
consented thereto. or agreed to pas
ture in common. But let us sup
pose both fiehls are planted to corn;
a. picks or gathers his promptly
and early in the gathering season.
A. wants to pasture his stock field,
yet he must wait for B., at least till
corn should be gathered, and is
bound to keep his stock on his own
land. Questions arise also as to
the amount Of stock each tenant in
common can put into the field. On
this question more definite con-
clusion can be arrived at where they
agree to pasture in common-one
would be liable to the other for the
excess Of feed one tenant uses more
than the Other. We find then,
where dozen fields are fenced in
common, owned by as many persons,
one may virtually prohibit the free
use of pasturing the common enclo-
sure, for he can make them keep
them off his land-this they cannot
do only by herding the stock. He
may stack his grain on his own
land and their stock would destroy it.
1t may then be safe to say that
where land is enclosed in common,
for cultivation, each one Of the own
ers Of part of the close cannot per-
nit his stock Except by agreement,
expressed or implied,) to go upon
the ground Of the other tenant in
common close. lie is bound to
prevent injury to the adjoining own
cr's premises.
If there was an agreement that
after the usual time for gathering
crops, each should have the priv
ilege Of turning their stock, or a
sufficient portion thereof, to eat their
own feed; then the parties would be
obliged at their peril to get their
crops off in proper time, and the
rule would be different; but then
one person could not turn his stock
in so as to destroy recklcssly 4
neighbours crops; but would have to
resort to their own legal rights I'M
der the agreement.
Many farmers also have young
timber, hedges, fruit trees, vines
and shrubs that would be destroyed
by pasturing in common, and the
owner has right to protect them
by action from injury and may re-
cover for their destruction.
2. The mode of enforcing the
rights is by action, if one tenant in
common, when not controlled by
agreement, turns in the common