FOREST RIGHTS. 69 



to time, either at fixed intervals (e.g. a right to have 10 beams 

 for repairs once every 5 years), or on occasion (as to cut 

 brushwood for fuel when wanted). This latter feature (dis- 

 continuity) may give rise to a further question, which will be 

 noticed presently. 



On the subject of classification of rights of user, only two 

 points have a practical bearing on protection. One concerns 

 the nature of the right, the other concerns the nature of the 

 right-holder. 



As regards the nature of the right, there is an obvious 

 distinction between rights which (whether negative or 

 positive) imply only some use of the servient estate (as 

 walking over it, letting water flow across it, having the 

 support of soil for foundations, having a beam resting on a 

 (servient) neighbouring wall, etc., in all which cases nothing 

 is taken out of or from the servient estate ; and those rights 

 which do take something ; e.g. rights of pasture, wood rights, 

 rights to dig sand, litter, etc.). [It is the former only that the 

 English lawyers call easements ; the latter are rights-of -common, 

 or profits a prendre in older books.] And then as to the 

 holder of the right : this may be a person A. B. and his heirs ; 

 it is always understood that the person cannot alienate the 

 right or servitude. Such rights are said to- be personal rights. 

 or as English lawyers say, rights in gross. But very often the 

 right is held not by a person (natural or artificial) as such, but 

 by a certain house, farm, or other building or estate ; so that 

 the right is exercised by the person who happens to be the 

 holder of the estate or farm, etc., for the time being. Should 

 the present holder go away and sell the farm, etc., he would 

 cease to have any right ; but the right must pass with the 

 farm by sale. Eights of this kind are called real rights (real 

 in a technical sense), and the estate, house, farm, etc., to 

 which they are attached is called the dominant estate, just as 

 the estate which bears the right is called the servient estate. 



Different systems of law have different ideas regarding 

 these rights. For instance, in France and Germany forest 

 rights (to pasture, wood, etc.) are always real rights they are 

 always attached to some farm, building, etc., for the benefit 

 of which the right exists. But this is not always the case in 



