Legal Definitions - de chimino

De chimino is a historical legal term referring to a formal court order, known as a writ, that was used to enforce a right-of-way. Essentially, if someone had a legal right to pass over another person's land and that access was blocked, a de chimino would be issued by a court to compel the obstruction to be removed and the right-of-way restored.

A right-of-way is a legal entitlement to travel across or use a specific path or area of land owned by someone else, often established through long-standing custom, agreement, or necessity.

• Scenario 1: Farmer's Access to Fields

  Imagine a medieval farmer whose only practical route to reach their distant crop fields involved crossing a specific path on their neighbor's property. If the neighbor decided to erect a fence or dig a ditch across this path, thereby blocking the farmer's access, the farmer could petition the local court for a de chimino. This writ would then order the neighbor to remove the obstruction and allow the farmer to continue using the established right-of-way to their fields.

• Scenario 2: Village Access to a Common Resource

  Consider a small village where residents traditionally used a well-trodden track across a lord's estate to reach the village church or a communal water source. If the lord, for whatever reason, decided to close off this track, preventing the villagers from accessing these vital resources, the community could seek a de chimino. The court would issue this writ to uphold the villagers' customary right-of-way, compelling the lord to reopen the path.

• Scenario 3: Merchant's Route to Market

  In a historical context, a merchant might have a customary right-of-way through a specific private estate to reach a bustling market town more quickly and efficiently. If the estate owner decided to block this route, forcing the merchant to take a much longer, more arduous detour, the merchant could apply for a de chimino. This writ would legally enforce the merchant's established right to traverse the estate, ensuring their access to the market was not unduly impeded.