Also known as: birlaw · byrlaws · birlaws · bylaw · by-law
Written by attorneys · grounded in primary & secondary sources — see below
A local custom of a township or district for resolving disputes over boundaries, trespasses, and the use of common lands, as well as farming issues.
Select any source to read its text and confirm it supports the definition.
Bernard Bass and his neighbor in Blackwood Township disputed a fence line crossing common grazing land. The township elders applied the local byrlaw to inspect marks and ordered Bernard to move the fence six feet, ending the trespass claim.
Bobby Brady drove cattle across Birchwood common pasture belonging to another holder. Under the district byrlaw the elders assessed a fine and required restoration of the turf, settling the matter without court action.
Brooke Bryant sought to drain a shared pond for her mill. The township byrlaw required consent of all commoners. After a meeting the elders denied the request and ordered the pond left untouched.
Beatrice Brown planted wheat on fallow common strips contrary to the village byrlaw. The elders ordered the crop plowed under and imposed a labor penalty on her holding for the next season.
Bianca Baker was denied entry to the common meadow by a neighbor claiming exclusive rights. The byrlaw assembly reviewed ancient usage and confirmed her equal right to graze six sheep.
Bethany Boyd failed to clear her section of the mill stream as required by the district byrlaw. The elders levied a repair assessment and directed the work be completed within ten days.
Byrlaw originated as a local custom in English and Scots law allowing townships to resolve boundary and land-use disputes through community consent.
Supporting sources
…controlling distinction in the past. "Nor can it make any difference that the right is purchased previous to the passage of the by-law," for "[e]very right, from an absolute ownership in property, down to a mere easement, is purchased and holden subject to the restriction, that it shall be so exercised as not to injure…