Legal Definitions - assisa novae disseysinae

Assisa novae disseysinae, also known as the Assize of Novel Disseisin, was a swift legal procedure in medieval England designed to restore a person to possession of their freehold land if they had been recently and wrongfully dispossessed. The primary goal of this action was to quickly re-establish the prior state of possession, focusing on who was recently occupying the land rather than determining who held the ultimate legal title. It was a summary remedy intended to prevent self-help and maintain peace by quickly reversing recent unlawful seizures of property.

• Example 1: The Dispossessed Farmer
  Imagine a farmer named Thomas who has been cultivating a specific field for several years, openly and peacefully. One spring, his ambitious neighbor, Richard, fences off a portion of Thomas's field, claiming it as his own and preventing Thomas from planting his crops. Thomas could initiate an Assize of Novel Disseisin. This legal action would allow him to quickly regain possession of his disputed land by demonstrating that he was recently in peaceful possession and was then wrongfully ousted by Richard, without needing to immediately prove centuries of land ownership records.

• Example 2: The Encroached Manor Lord
  Consider Lady Eleanor, a powerful lord who holds a manor and its surrounding lands. A rival baron, Sir William, invades a section of her forest, clears it, and begins building a hunting lodge, claiming the land has always belonged to his family. Lady Eleanor could use the Assize of Novel Disseisin to swiftly reclaim her forest land. She would need to show that she was recently in peaceful possession of the forest and that Sir William had unlawfully dispossessed her, thereby forcing him to cease construction and vacate the area.

• Example 3: The Small Landowner's Plot
  Suppose a small landowner, Mary, inherited a plot of land from her parents and has been cultivating it for a season, preparing for harvest. A wealthy developer, seeing the land as prime for expansion, sends workers to clear Mary's crops and begin preliminary construction, asserting that the land was mistakenly recorded as Mary's. Mary could invoke the Assize of Novel Disseisin to quickly halt the construction and regain control of her land. She would present evidence of her recent peaceful possession and the developer's wrongful dispossession, allowing her to recover the land without immediately engaging in a complex and lengthy title dispute.