Legal Definitions - de curia claudenda

De curia claudenda was a historical legal writ, or court order, issued in England. It compelled a property owner to construct a wall or fence around their land or a specific part of their property. The primary purpose of this order was to prevent activities or conditions on their property from causing a nuisance, disturbance, or encroachment upon an adjacent neighbor.

Here are some examples illustrating how this writ might have been applied:

• Imagine a medieval farmer whose livestock, such as pigs or cattle, frequently broke through a dilapidated fence and wandered onto a neighboring lord's cultivated fields, destroying crops. The neighbor could petition the court for a de curia claudenda writ, ordering the farmer to build a sturdy, sufficient enclosure to contain their animals and prevent further damage and disturbance.

  This illustrates the term because the writ would mandate the construction of a physical barrier (a fence) around the farmer's property to stop their animals from disturbing the neighbor's land.

• Consider a situation where a property owner maintained a large, unkempt refuse pile or a collection of foul-smelling animal pens very close to a neighbor's dwelling. The odors and visual blight significantly impacted the neighbor's enjoyment of their own property. A de curia claudenda writ could be issued, requiring the owner to erect a wall or fence to contain the offensive sight and smell, thereby mitigating the disturbance to the neighbor.

  This example demonstrates the writ's use to compel the enclosure of a nuisance-causing area (the refuse pile/pens) to prevent its negative effects (odors, visual blight) from disturbing the adjacent property owner.

• In another scenario, a landowner might have a large, unruly dog that constantly barked at and attempted to jump over a low boundary into a neighbor's garden, frightening children and disrupting the neighbor's peace. The neighbor could seek a de curia claudenda writ, compelling the dog owner to build a higher, more secure fence or wall to properly contain the animal and prevent it from disturbing the neighboring household.

  Here, the writ would order the construction of a more robust barrier to contain an animal whose behavior was causing a direct disturbance and fear to the neighbor.