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NeCede's

Maxim 2.4.31

A chase is by common law.

Source: 2 Bl. Comm. 414-416; Weisman, 86p Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) The right of chase (hunting) exists by common law and does not depend on statutory grant — cite this to argue that hunting rights on one's own land or common land are inherent, not licensed.

Where this applies

  • A state bans hunting on private land and a landowner challenges the ban, arguing that the right to hunt on one's own property is a common-law right that does not depend on any statutory grant.
  • A rural community has always hunted deer on common land, and when the state tries to require hunting licenses, some residents argue that the right of chase exists by common law independent of any permit system.
  • A landowner allows neighbors to hunt on her property under the common-law right of chase, and when the county tries to prohibit hunting in the area through a local ordinance, the landowner argues the right predates any local regulation.

Legal domains

Cite this maxim

NeCede Max. 2.4.31 — A chase is by common law. — 2 Bl. Comm. 414-416; Weisman, 86p

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