Legal Definitions - clausum fregit

Clausum fregit is a Latin phrase that historically described the act of unlawfully entering another person's land. It literally means "he broke the close," referring to the violation of the boundary or "close" of someone's private property. While the full legal action was often referred to as "trespassquare clausum fregit" (wherefore he broke the close), clausum fregit itself captures the essence of an unauthorized intrusion onto real property. This concept is fundamental to the modern legal principle of trespass to land, which protects a property owner's right to exclusive possession and enjoyment of their property.

• Example 1: Unauthorized Shortcut

  Imagine a pedestrian who, to save a few minutes, consistently walks across a neighbor's private, well-maintained lawn instead of using the public sidewalk. This act, even if it causes no visible damage, constitutes clausum fregit because the pedestrian has, without permission, entered and "broken the close" of the neighbor's private property, violating their exclusive right to that land.

• Example 2: Drone Intrusion into Airspace

  A hobbyist flies a drone at a low altitude directly over a private residential backyard for an extended period, causing the homeowner discomfort and a sense of invasion of privacy. Although there is no physical contact with the ground, the drone's unauthorized intrusion into the immediate airspace above the private property is considered a "breaking of the close." Property rights extend not only to the surface but also to the reasonable enjoyment of the airspace directly above the land.

• Example 3: Construction Encroachment

  A construction crew working on a new commercial building mistakenly places a large pile of excavated dirt and parks some heavy machinery on a small, undeveloped portion of an adjacent private lot without obtaining the neighboring owner's consent. This action, even if unintentional, represents an unauthorized entry and occupation of the adjacent land. The construction crew has "broken the close" of the neighboring property owner, infringing upon their exclusive right to use and possess their land.