Common in gross Law and Legal Definition

Common in gross refers to a legal right granted to a person for grazing animals on another’s land. The right is granted by a written agreement. However, a right of common in gross arising out of a written agreement does not provide for ownership or occupancy of land. Common in gross is also known as common in large.

The following is an example of a case law defining common in gross:

Common in gross is a right not appendant or appurtenant to land, but annexed to a man's person, being granted to him/her or his/her heirs by deed, or it may be claimed by a prescriptive right. It is a separate inheritance, entirely distinct from any landed property, and may be vested in one who has not a foot of ground.[Baker v. Kenney, 145 Iowa 638, 643 (Iowa 1910)]