Legal Definitions - de intrusione

The term de intrusione refers to a historical legal remedy, specifically a type of court order known as a writ. This writ was available to a person who had a future right to possess land (known as a "reversioner"). It was used in situations where the current occupant of the land (the "tenant") died, and then an unauthorized individual, often referred to as a "stranger," unlawfully took possession of the property. The purpose of the writ was to remove this intruder and allow the rightful reversioner to reclaim the land.

Here are some examples illustrating how de intrusione would have applied historically:

• Scenario: Feudal Estate

  Imagine a medieval lord who granted a parcel of land to a knight for the duration of the knight's life. Upon the knight's death, the land was meant to revert back to the lord. If, after the knight passed away, a neighboring farmer or a distant relative of the knight (a "stranger") moved onto the land and began cultivating it, refusing to leave, the lord (the "reversioner") would have sought a writ of de intrusione to legally remove the unauthorized occupant and regain control of his property.

• Scenario: Family Inheritance

  Consider a wealthy landowner who bequeathed a country estate to his eldest daughter for her lifetime, with the explicit condition that upon her death, the estate would pass to his grandson. The grandson is the "reversioner" in this arrangement. If, after the daughter died, a former household servant or a distant, unentitled cousin (a "stranger") decided to move into the manor house and claim it as their own, the grandson would have used a writ of de intrusione to assert his rightful claim and evict the unlawful occupant.

• Scenario: Church Property

  In historical times, a monastery might have allowed a local farmer to cultivate a specific plot of land for his lifetime, with the understanding that the land would return to the monastery upon the farmer's passing. The monastery, in this case, is the "reversioner." If, after the farmer's death, a landless peasant from a nearby village (a "stranger") moved onto the farm, built a small dwelling, and began farming the land without permission, the monastery would have initiated a writ of de intrusione to legally remove the peasant and reclaim its property for its own use or to grant to another tenant.