Legal Definitions - casu consimili

Casu consimili is a historical legal term from Latin, meaning "in a like case." It refers to a specific type of legal action, known as a writ of entry, that was used in medieval English law.

This writ allowed an individual who had a future claim to land (known as a "reversionary interest") to sue for the return of that land. This typically occurred when the current temporary owner of the land, such as someone holding a "life estate" (ownership for their lifetime only), improperly transferred or sold the property to another party.

The significance of casu consimili lies in its origin. It emerged from the Statute of Westminster II in 1285, a landmark piece of legislation that empowered the Chancery (the court responsible for issuing writs) to create new legal remedies for situations that were similar to existing ones, even if no exact writ had been previously defined. This flexibility allowed the legal system to adapt and address new forms of injustice, with the casu consimili writ becoming a prominent example of this expanded judicial power.

Here are some examples illustrating how this historical legal concept would have applied:

• Example 1: Unauthorized Sale by a Life Tenant

  Imagine a wealthy landowner, Mr. Davies, who stipulated in his will that his country estate would go to his daughter, Sarah, for her lifetime. After Sarah's death, the estate was to pass to his grandson, Tom. Sarah, facing financial difficulties, decided to sell the estate to a property developer, Mr. Henderson, even though she only had a life interest and no right to transfer full ownership. In this scenario, Tom, who held the reversionary interest (the right to the property after Sarah's death), could have used a writ of casu consimili to sue Mr. Henderson for the return of the estate. This writ would have allowed Tom to assert his future claim against the unauthorized transfer made by Sarah, the life tenant.

• Example 2: Gift of Property by a Life Tenant

  Consider a situation where Mrs. Chen was granted a life estate in her family's ancestral home by her late husband's will, with the understanding that upon her passing, the home would revert to her husband's nephew, David. During her lifetime, Mrs. Chen, out of a desire to support a local charity, decided to donate the ancestral home to them. David, as the holder of the reversionary interest, would have historically been able to invoke a casu consimili writ. This legal action would allow him to challenge Mrs. Chen's gift, as she, the life tenant, did not possess the authority to permanently transfer the property's full ownership, thereby protecting his future right to the home.