Sand, stone, gravel, chalk, even coal and minerals could be taken from the waste by a right known as common in the soil. Given that the produce of the soil could be remarkably valuable it is strange to find that common of soil dates back certainly to the 15th century and was an appurtenant right or even held in gross.

The right only applied to areas of the waste where the produce existed, you weren’t allowed to just go around digging up the waste in the hope of finding the stuff you were looking for which raises the question as to how it was found in the first place.

The right also had to be ‘reasonable’. You could only take coal if it was used for fuel in your own house; likewise stone could be taken but only to repair your house; chalk, gravel and sand curiously were regarded as ‘manure’ and could only be applied to your fields though sand could be used as building material so long as it was for your house. You get the idea.

Categories: In Depth