DISTURBANCE. The common-law offense of violating an incorporeal property right. a- an easement. a profit. or a public right in the land of another. As such rights do not carry with them the right of possession, but. as the techni cal expression is, 'lie in grant.' and not in livery.' they cannot usually be protected by the action of trespass. which contemplates an inter ference with the possession of a corporeal inter est in land. But such rights. however impal pable. do really constitute property. and they will be protected by appropriate legal proceed ings against a disturbance by the owner of the land or by any other persim whatsne(er. In a few eases. as where one has an exclusive right to the use of another's land as a sole and several pasturage—such right being nearly equivalent to the right of possession of the premises—the action of trespass is available for its protection. In ether ease- the distnrhanee constitutes a nui sance, which may he abated either by the a•t of the party injured thereby, or by the action known as 'trespass cn the case.' or, more short ly, 'case'; or. in a pi.) per case, hr an injunction equity.
The forms of disturbance are various., depend ing upon the nature t f the right involved. Thu: a •onnuon of pasture may be disturbed by shut ting or driving out the cattle of the claimant of the right. or by unlawfully per nutting other cattle to crop the herbage. In the last ease the claim ant may take the cattle damage feasant and im pound them. A franchise is disturbed by wrong
full• taking the tolls accruing therefrom, or by setting up a competing use, as a bridge. ferry, or turnpike. For interference with an advowson or right of presentation to a benefice, known as disturbance of patronage, a special action was provided. known as writ of right of advowson. Disturbance of ways happens a person who bath a right of way over another's ground by grant or prescription is obstructed by in •losures or other obstacles. or by plowing across it. by which he cannot enjoy his right of way. or at least in so commodious a manner as he have done" (2 Bla. Com.. 242). This is remediable by the act of the party injured. removing the obstacle, or by an action on the ease.
All of these forms of disturbance rights, together with the remedies appropriate to them, exist to-day, as at common law, without material alteration. The ancient wrong of dis turbance of tenure, which consisted in breaking the feudal tie of lord and tenant, has become obsolete with the disappearance of the feudal system of land tenure. The disturbance of pub rights. as of a highway er a public right of common or of fishing. may be either a private nuisance. remediable by the individual whose right is interfered with, or a public nuisance. or purpresture, remediable by the State. See EASE