Gilpin, in his account of the forest borderers of England, says that "the encroachments of trespassers, and the houses and fences thus raised on the borders of the forest," were "considered as great nuisances by the old forest law, and were severely punished under the name of purprestures
, as tending ad terrorem ferarum -- ad nocumentum forestae, etc.," to the frightening of the game and the detriment of the forest.
"The inconvenience, or even damage, to the individual proprietor does not authorize an act which is in its nature a purpresture
of government lands." Id.
A Encroachment upon public property B Seeking the end desired C The act of pursuing who am I?
Public nuisance has historical roots in a crime called a purpresture
, which was an "'encroachment on the king's right'" and involved an action such as an "'obstruction of roads, non-repair of bridges, [or an] interference with light....'" (38) Today, a "public nuisance is an unreasonable interference with a right common to the general public." (39) of the two types of nuisance, litigants against wind farms generally pursue private nuisance, so public nuisance need not be discussed further.
cases on purpresture
, as well as of public nuisances, is the
Under common law, a purpresture
may result when a private property owner encroaches on private rights, but unlike nuisance, this encroachment need not be noxious.
293, 300 (1996) (explaining that a purpresture
occurs only when the soil on which a wharf was erected was owned by the Crown).