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Estovers

By Contributor on September 26, 2018

Estovers refer to the right of a tenant to take and use resources from the land that is necessary for the residence’s habitability.

The most common estover is the use of timber located in the land.

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If for example, the property is located in a very cold region of the country, the tenant might find it necessary to cut down trees for use as firewood to provide heating for the house.

In this case, even if the landlord outright forbids the tenant to tamper with the timber found on the land, a court would support the tenant if it is found that they are essential for the tenant and enforce the estovers.

This scenarion slightly overlaps the landlord’s responsibility to keep premises fit and habitable.

If a landlord does not provide proper heating for a house, he might find himself in more hot water than just losing some trees on the land.

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Allowing a tenant his timber is a much lesser burden than being in breach of this responsibility.