Purpresture in United Kingdom

Meaning of Purpresture

The following is an old definition of Purpresture [1]: A close or enclosure; that is, when one encroaches or makes that several to himself which ought to be common to many. In old law-writers, an encroachment upon the king or his subjects. In common acceptation, now an encroachment upon the king, upon his demesne lands, or upon rights and easements held by him for the public, as, upon highways, public rivers, forts, streets, squares, bridges, quays, and the like. Where a house is erected or an enclosure made upon any part of the king’s demesnes, or of a highway or common street, or public water, or such like public things. Any encroachment, however slight, upon public property, whether in highways, navigable streams, or streets, is a purpresture, which is in the nature of a trespass upon public property by an individual. Any erection upon navigable soil, without license, is an encroachment upon the public property of the sovereign,- a purpresture, which he may remove at pleasure, whether it tend to obstruct navigation or not. The term imports an enclosure made by a private party of a part of that which belongs to and ought to be open and free to the enjoyment of the public at large – as of part of a public common, or of a high -way by land or on water. Unlike a public nuisance, a purpresture may exist without putting the public to any inconvenience.

Resources

Notes and References

1. Concept of Purpresture provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)