Turbary meaning

In land practice, turbary is the right to cut and take turf (peat) from another’s land, usually bogland, commonly for domestic fuel. In England and Wales and Northern Ireland it is a profit à prendre and may exist in gross or appurtenant to neighbouring land; where exercised over a common it is known as a right of common of turbary. It is recognised at common law and within commons registration regimes, rather than by a single statutory definition. In Ireland, turbary rights are longstanding property rights created by grant, reservation or prescription and often recorded on Land Registry folios or in deeds. In Scotland, the equivalent outcome is achieved through servitudes or real burdens permitting peat cutting; “turbary” is used descriptively. Key features typically include: identification of the bog and cutting banks, limits on quantity/season, and purposes (often domestic fuel). The right does not transfer ownership of the land, may be transferable depending on its terms, and can be lost by release, merger or long non‑use (subject to jurisdictional rules on prescription). Exercise is subject to planning, byelaws and environmental protections (for example SAC/SSSI/ASSI/NHA designations), which can restrict or prohibit cutting. Common issues include proof, scope, interference and registration.