Legal Definitions - de recto patens

DE RECTO PATENS

De recto patens is a legal term that means "of right patent." It refers to the highest writ of right given to an owner in fee simple to recover the possession and use of land from the freehold tenant. This writ was used in historical times to settle disputes between landowners and tenants.

An example of de recto patens would be a situation where a landowner leased their land to a tenant, but the tenant refused to leave after the lease had expired. The landowner could then use the writ of de recto patens to regain possession of their land.

Another example would be if a landowner sold their land to someone else, but the freehold tenant refused to recognize the new owner's rights. The new owner could then use the writ of de recto patens to establish their right to the land.

These examples illustrate how de recto patens was used to protect the rights of landowners and ensure that they could use and possess their land as they saw fit.