Legal Definitions - de ingressu

de ingressu refers to a historical legal writ, which was a formal written order from a court. This writ was issued to grant someone the legal right to enter or re-enter specific land or property. It was typically used in situations where a person was being unlawfully prevented from accessing or possessing property to which they had a legal claim.

• Example 1: An Heir Claiming Inheritance

  Imagine in 14th-century England, Lord Alaric dies, and his eldest son, Sir Kael, is the rightful heir to the family manor and surrounding lands. However, a distant relative, who had been managing the estate, refuses to allow Sir Kael to enter or take possession of the property. Sir Kael would have sought a de ingressu writ from the king's court. This writ would legally compel the relative to allow Sir Kael to enter and take possession of his inherited property, asserting his rightful claim to entry.

• Example 2: A Landowner Regaining Possession

  Consider a scenario where Lady Isolde owned a small estate, but during her absence on a diplomatic mission, a neighboring baron's men forcibly occupied her land, claiming it was part of the baron's territory. When Lady Isolde returned, she was denied entry to her own estate. Lady Isolde could petition the court for a de ingressu writ. This legal order would affirm her right to enter and reclaim her property, overriding the unlawful occupation by the baron's men.

• Example 3: A Tenant Seeking Re-entry to Leased Land

  In a historical context, a farmer named Thomas held a long-term lease on a parcel of land from a local lord. After a disagreement, the lord's steward unjustly barred Thomas from his fields and cottage, even though Thomas had fulfilled all the terms of his lease. Thomas, seeking a legal remedy, could have pursued a de ingressu writ. This would be a legal directive compelling the steward to allow Thomas to re-enter and continue cultivating his leased land, recognizing his established right of entry based on his tenancy agreement.