Estovers

Legal Definition and Related Resources of Estovers

Meaning of Estovers

(estouviers, necessaries; from estoffer, to furnish) . The right or privilege which a tenant has to furnish himself with so much wood from the demised premises as may be sufficient or necessary for his fuel, fences, and other agricultural operations. 2 Bl. Comm. 35; Woodf. Landl. & Ten. 232; 10 Wend. (N. Y.) 639.

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This definition of Estovers is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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English Legal System: Estovers

In the context of the English law, A Dictionary of Law provides the following legal concept of Estovers :

The right to cut timber for certain purposes from land not in one’s own absolute ownership. The right arises in favour of a lessee or *tenant for life under a settlement of the land and it can exist as a *profit à prendre. Estovers comprise the right to take timber as:

(1) house bote, for repairing a dwelling or for use as firewood in it;

(2) plough bote, for repairing farm implements; and

(3) hay bote, for repairing fences.

In each case the lessee or tenant may take only sufficient timber for present needs and not for future requirements. Estovers as profits à prendre are usually *appurtenant.

Concept of Estovers in the context of Real Property

A short definition of Estovers: Old doctrine allowing use, primarily of timber, by a tenant for fuel and repair of his shelter. Not much application in the U.S. today.

Concept of Estovers in the context of Real Property

A short definition of Estovers: Old doctrine allowing use, primarily of timber, by a tenant for fuel and repair of his shelter. Not much application in the U.S. today.

Concept of “Estoverium, Estovers”

Traditional meaning of estoverium, estovers in English (with some legal use of this latin concept in England and the United States in the XIX Century) [1]: (in Latin) 1. An allowance made to a person out of an estate, whether of money or other things; a bote (see this last concept in this legal reference); see 2nd Book (“The Rights of Things”), Blackstone’s Commentaries on the Laws of England 35. 2. An allowance made to a man arrested for felony for the support of his family. 3. The alimony allowed a wife divorced a mensa et thoro. Estoveriis habendis: see DE.

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Notes and References

  1. Based on A Concise Law Dictionary of Words, Phrases and Maxims, “Estoverium, Estovers”, Boston: Little, Brown, and Company, 1911, United States. It is also called the Stimson’s Law dictionary. This term and/or definition may be absolete.

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Estovers


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