Legal Definitions - de clauso fracto

The Latin legal term de clauso fracto translates to "of a breach of close." In modern legal terms, it refers to the act of trespass to land, specifically an unauthorized entry onto someone else's property. Historically, "close" referred to any parcel of land, whether or not it was physically enclosed by a fence or wall. Therefore, de clauso fracto describes the legal action or claim arising from someone unlawfully entering or intruding upon another person's real property.

Here are some examples illustrating this concept:

• Example 1: Residential Property Intrusion

  A homeowner discovers that a neighbor, without permission, regularly walks across their backyard as a shortcut to reach a nearby park. Even though there isn't a fence between the properties, the neighbor's repeated entry onto the homeowner's private land constitutes an unauthorized intrusion. This situation would be described as de clauso fracto because the neighbor has "breached the close" of the homeowner's property by entering without consent, thereby committing trespass.

• Example 2: Commercial Land Encroachment

  A construction company is working on a new building project and, to store materials, places a large dumpster partially on an adjacent vacant commercial lot without first obtaining permission from the lot's owner. The placement of the dumpster, even if only a small portion, represents an unauthorized physical intrusion onto the neighboring property. This act falls under de clauso fracto because the construction company has unlawfully entered and occupied a part of the adjacent owner's "close" or land.

• Example 3: Restricted Access Area

  A group of hikers ignores "No Trespassing" signs and a locked gate to access a private nature preserve, believing they can find a unique viewpoint. Their entry onto the preserve, despite clear warnings and physical barriers indicating private ownership and restricted access, is an unauthorized intrusion. This scenario exemplifies de clauso fracto because they have breached the owner's "close" by entering the private land without permission, regardless of their intent or the lack of damage caused.