Legal Definitions - demand of view

The term demand of view refers to a historical legal procedure used in cases involving real property, such as land or buildings. In such a lawsuit, if the defendant (historically sometimes referred to as the "tenant" in this context, even if they were the owner) was uncertain about the exact piece of property being disputed or the specific details of the claim against it, they could make a formal request to physically inspect the property. This inspection allowed them to clarify the identity of the land or building in question and understand the full circumstances of the plaintiff's claim, which was crucial for preparing an adequate defense.

Here are some examples illustrating the historical application of a "demand of view":

• Imagine a dispute in the 17th century between two landowners, Mr. Davies and Mr. Evans. Mr. Davies files a claim asserting that Mr. Evans has unlawfully enclosed a portion of his common pasture. Mr. Evans, however, owns several plots of land adjacent to various common areas and the historical land descriptions are notoriously vague. Unsure which specific parcel of land Mr. Davies is referring to, Mr. Evans would issue a demand of view. This would allow him to physically visit the site with Mr. Davies or his representatives to pinpoint the exact boundaries and identify the specific piece of land allegedly enclosed, enabling him to understand the claim and prepare his defense.

• Consider a scenario where a wealthy merchant, Lady Eleanor, inherits a vast and complex estate that includes numerous cottages, fields, and woodlands. A distant relative, Sir Reginald, files a lawsuit claiming ownership of a specific "mill and its adjoining pond" within the estate. Lady Eleanor, having only recently taken possession and not being intimately familiar with every structure and feature of the sprawling property, might not know precisely which mill and pond Sir Reginald is referring to, especially if there are several similar water features or old mill sites. She would make a demand of view to be shown the exact property Sir Reginald claims, so she can verify its location, assess its current state, and properly investigate the validity of his claim against her inherited estate.

• Suppose a farmer, Mr. Henderson, is sued by his neighbor, Mrs. Albright, who claims ownership of "the strip of arable land bordering the old stone wall, extending to the ancient oak tree." Mr. Henderson owns several fields, and the "old stone wall" might have multiple sections, or the "ancient oak tree" could refer to one of several large, old trees in the vicinity. Furthermore, the land behind the wall might have changed over time due to erosion or cultivation. To understand the precise scope of Mrs. Albright's claim and which specific strip of land is at issue, Mr. Henderson would make a demand of view. This would allow him to physically inspect the exact area Mrs. Albright is claiming, clarifying the vague description and ensuring he is defending against the correct claim.