Legal Definitions - arborum furtim caesarum

arborum furtim caesarum

This Latin term from ancient Roman law refers to a specific type of civil lawsuit. It addresses the wrongful act of secretly cutting down or removing trees from another person's land without their permission. Essentially, it was a legal remedy available to a landowner whose trees had been unlawfully and covertly destroyed or taken by someone else.

• Example 1: Neighborly Dispute Over a View

  Mr. Henderson was frustrated that a large, mature oak tree on his neighbor Ms. Chen's property blocked his scenic view of the valley. One evening, under the cover of darkness, Mr. Henderson secretly entered Ms. Chen's yard and cut down the oak tree without her knowledge or consent.

  Explanation: Ms. Chen could have pursued an "arborum furtim caesarum" action against Mr. Henderson. His act of secretly felling her tree on her land, without permission, perfectly illustrates the core elements of this Roman law concept.

• Example 2: Commercial Logging Trespass

  A timber company, "Lumberjack Enterprises," was contracted to harvest trees from a specific plot of land. Due to an inaccurate survey map provided to their crew, they inadvertently crossed the property line and secretly felled several valuable old-growth trees on an adjacent private nature preserve owned by the "Wilderness Trust." The Trust discovered the unauthorized logging weeks later.

  Explanation: The "Wilderness Trust" could have brought an "arborum furtim caesarum" claim against Lumberjack Enterprises. Even if the trespass was unintentional, the trees were secretly cut down on the Trust's land without their permission, fitting the definition of this ancient tort.

• Example 3: Property Development Boundary Infringement

  A developer, "Urban Growth Corp.," was clearing a large parcel of land for a new commercial complex. To slightly expand the usable area for their project, they instructed their landscaping crew to secretly remove a row of ornamental cherry trees that clearly stood on the neighboring property, which belonged to a private botanical garden. The garden's curator noticed the missing trees during a routine inspection.

  Explanation: The botanical garden could have initiated an "arborum furtim caesarum" action against Urban Growth Corp. The developer's crew secretly cut down trees that were not on their property, directly fulfilling the criteria of this Roman law concept for unauthorized and covert tree removal.