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Legal Definitions - disseisitrix
Definition of disseisitrix
A disseisitrix is the female equivalent of a disseisor. To understand this term, it's helpful to first understand disseisin.
Disseisin refers to the wrongful act of dispossessing someone of their freehold property (land and any permanent structures on it) without their consent and without any legal right. It involves taking actual possession of the property and excluding the rightful owner from it.
Therefore, a disseisitrix is a woman who commits this act of disseisin; she is a female who wrongfully and unlawfully takes possession of another person's freehold property, thereby depriving the rightful owner of their possession.
Here are some examples to illustrate this concept:
Example 1: Boundary Encroachment
Ms. Eleanor owns a property adjacent to Mr. Peterson's land. Believing a historical survey was incorrect, Ms. Eleanor unilaterally decides to move her property fence ten feet onto Mr. Peterson's side, claiming that strip of land as her own and preventing Mr. Peterson from accessing or using it. She then builds a small shed on this newly claimed strip.Explanation: In this scenario, Ms. Eleanor, a woman, has wrongfully taken physical possession of a portion of Mr. Peterson's freehold land without his consent or legal justification. By doing so, she has committed an act of disseisin, making her a disseisitrix.
Example 2: Disputed Inheritance
Following the death of her wealthy uncle, Ms. Brenda, without waiting for the probate court to legally determine the rightful heir to the family estate, moves into the sprawling mansion, changes all the locks, and begins to live there, effectively excluding her cousin, Mr. David, who is the named beneficiary in the will. She claims the property as her own, despite not yet having legal title.Explanation: Ms. Brenda, a woman, has taken actual, wrongful possession of the freehold estate, dispossessing the potential rightful heir, Mr. David, before legal ownership has been formally established. Her actions constitute disseisin, thereby making her a disseisitrix.
Example 3: Adverse Possession Attempt
Ms. Carla discovers an old, dilapidated farmhouse on a large, undeveloped rural parcel owned by a distant investment company. She moves into the farmhouse, makes significant repairs, and begins to cultivate a large garden around it, treating the property as her own. She has no legal claim or permission from the investment company, and her actions are open and visible to anyone who might observe the property.Explanation: Ms. Carla, a woman, has taken open, hostile, and exclusive possession of freehold property belonging to another without their consent or legal right. This act of taking possession and excluding the true owner is a classic example of disseisin, making Ms. Carla a disseisitrix.
Simple Definition
A disseisitrix is a legal term referring to a woman who unlawfully dispossesses another person of their land or real property. She takes possession of real estate without legal right or permission from the rightful owner.