Legal Definitions - assisa friscae fortiae

Assisa friscae fortiae is a historical legal action that allowed someone who had been recently and wrongfully dispossessed of land or property to quickly regain possession. It was a summary remedy, meaning it was designed for swift resolution, focusing on the recent disturbance of possession rather than the complex question of who ultimately owned the property. The 'fresh force' aspect emphasized that the dispossession must have occurred recently, making it a prompt response to a recent wrong.

• Example 1: Unlawful Lockout
  Imagine a tenant, Maria, who leaves her apartment for a week-long business trip. While she is away, her landlord, without any legal eviction notice or court order, changes the locks and removes some of her belongings, claiming she violated a minor lease term. When Maria returns, she finds herself locked out of her home.

  This situation illustrates assisa friscae fortiae because Maria has been *recently and wrongfully dispossessed* of her apartment. A legal action akin to assisa friscae fortiae would have allowed her to quickly seek a court order to regain entry and possession, focusing on the landlord's recent, unlawful act of changing the locks and denying her access, rather than immediately delving into a lengthy dispute about the alleged lease violation.

• Example 2: Sudden Property Encroachment
  Consider a homeowner, Mr. Davies, who owns a large backyard that borders his neighbor's property. One weekend, while Mr. Davies is away, his neighbor suddenly erects a new fence that extends several feet onto Mr. Davies's land, effectively claiming a strip of his property without permission or legal right.

  Here, Mr. Davies has been *recently and wrongfully dispossessed* of a portion of his land by his neighbor's sudden fence construction. An assisa friscae fortiae type of action would have provided Mr. Davies with a rapid legal means to have the fence removed and regain possession of his strip of land, without immediately needing to engage in a complex and potentially lengthy boundary dispute trial. The emphasis would be on the recent act of encroachment and dispossession.

• Example 3: Blocking a Customary Right of Way
  A small community has historically used a well-worn path across a private field to access a local river for fishing and recreation. This path has been used openly and without objection for decades. A new owner purchases the field and, without warning, suddenly installs a locked gate across the path, completely blocking the community's access to the river.

  The community members have been *recently and wrongfully dispossessed* of their customary access (a form of property right or easement) to the river. An assisa friscae fortiae action would have allowed the community to seek a quick court order to have the gate removed and restore their access, focusing on the recent and sudden obstruction rather than a full trial over the long-term validity of the easement.