Purpresture


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PURPRESTURE. According to Lord Coke, purpresture, is a close or enclosure, that is, when one encroaches or makes several to himself that which ought to be in common to many; as if an individual were to build between high and low water-mark on the side of a public river. In England this is a nuisance; and in cases of this kind an injunction will be granted, on ex parte affidavits, to restrain such a purpresture and nuisance. 2 Bouv. Inst. n, 2382; 4 Id. n. 3798; 2 Inst. 28; and see Skene, verbo Pourpresture; Glanville, lib. 9, ch. 11, p. 239, note Spelm. Gloss. Purpresture Hale, de Port. Mar.; Harg. Law Tracts, 84; 2 Anstr. 606; Cal. on Sew. 174 Redes. Tr. 117.

References in periodicals archive ?
Purpresture law could be used to protect public access to public trust lands in cases where private owners have fenced the dry sand beach, limiting the public's right to use the part of the beach owned by the state.
A beach purpresture case reached the Florida Supreme Court in 1974.
92) Under the common law, an unsupported claim on new land resulting from a nuisance would have been considered a purpresture making the wharf subject to seizure by the Crown.
The court's footnote alludes to the historic rules governing shoreline use and curiously leaves their applicability for another day: For example, theories such as dedication, prescription, custom, purpresture, and the public trust doctrine can be resorted to by the public in an attempt to regulate private property immediately adjacent to the public property which sits below the mean high water mark.