In
English law, an estover is an allowance made to a person out of an estate, or other thing, for his or her support. The word estover can also mean specifically an allowance of wood that a
tenant
Tenant may refer to:
Real estate
*Tenant, the holder of a leasehold estate in real estate
*Tenant-in-chief, in feudal land law
*Tenement (law), the holder of a legal interest in real estate
*Tenant farmer
*Anchor tenant, one of the larger stores ...
is allowed to take from the commons, for life or a period of years, for the implements of
husbandry,
hedges and
fences, and for
firewood.
History
The word derives from the
French
French (french: français(e), link=no) may refer to:
* Something of, from, or related to France
** French language, which originated in France, and its various dialects and accents
** French people, a nation and ethnic group identified with Franc ...
''estover'', ''estovoir'', a
verb
A verb () is a word ( part of speech) that in syntax generally conveys an action (''bring'', ''read'', ''walk'', ''run'', ''learn''), an occurrence (''happen'', ''become''), or a state of being (''be'', ''exist'', ''stand''). In the usual descr ...
used as a
substantive meaning "that which is necessary". This word is of disputed origin; it has been referred to the
Latin
Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through ...
''stare'', to stand, or ''studere'', to desire.
The Old English word for estover was ''bote'' or ''boot'', also spelled ''bot'' or ''bót'', (literally meaning 'good' or 'profit' and cognate with the word ''better''). The various kinds of estovers were known as house-bote, cart or plough-bote, hedge or hay-bote, and fire-bote.
Anglo-Saxon law also imposed "bot" fines in the modern sense of compensation.
[The legal phrase ''&'' n. ''scillingas to bote'', "and ''n.'' shillings as compensation" often followed after other fines imposed for the same offense, and is the origin of the modern English phrase, "to boot"]
Anglo-Saxon dooms from 560-975
/ref> These rights might be restricted by express covenants. Copyhold
Copyhold was a form of customary land ownership common from the Late Middle Ages into modern times in England. The name for this type of land tenure is derived from the act of giving a copy of the relevant title deed that is recorded in the ...
ers had similar rights over the land they occupied and over the waste of the manor, in which case the rights are known as Commons of estovers.
Burrill in his dated ''A law dictionary and glossary'' published in New York (1871) states:
See also
*Condonation
Within the legal profession, condonation (or a condonance) is a defence argument sometimes made when an accuser has previously forgiven or chosen to ignore an act about which they are now legally complaining. In some legal jurisdictions, and for c ...
*Collegatary In civil law, a collegatary is a person to whom is left a legacy, as imparted by a will, in common with one or more other individuals; so called as being a joint legatary, or co-legatee.
See also
* Barratry
* Condonation
* Allonge
References
*
...
* Contorts
Notes
References
*
* {{EB1911, wstitle=Estovers, volume=9 , page=801
English legal terminology
Wood
English forest law