Legal Definitions - disseisitus

The term disseisitus refers to the person who has been wrongfully dispossessed or unlawfully removed from their property, particularly real estate. It describes the individual who has lost possession of their land or assets due to an illegal act by another party. In simpler terms, it's the person whose property rights have been violated by someone taking over their land without permission or legal right.

Here are a few examples to illustrate this concept:

• Example 1: Residential Land Encroachment
  Mr. Davies owns a vacant plot of land next to his house. While he is away on an extended trip, a neighbor, without any legal claim or permission, erects a fence around a significant portion of Mr. Davies's vacant land, builds a small shed, and begins storing their gardening equipment there. Upon his return, Mr. Davies discovers his property has been taken over.

  Illustration: In this scenario, Mr. Davies is the disseisitus because he has been unlawfully dispossessed of a part of his property by his neighbor's unauthorized actions, losing physical control and use of his land.

• Example 2: Commercial Lease Dispute
  Ms. Rodriguez operates a small bakery in a leased commercial space. She has a valid lease agreement and pays her rent on time. One morning, she arrives to find the locks on her bakery changed by the landlord, who claims she violated a minor clause in the lease without providing proper notice or initiating legal eviction proceedings.

  Illustration: Ms. Rodriguez is the disseisitus because she has been wrongfully removed from the possession and use of her leased commercial property by the landlord's illegal act of changing the locks and preventing her access, without following the legally required process for eviction.

• Example 3: Inheritance of Family Property
  Following the death of their grandmother, the will clearly states that a specific family cottage is to be inherited by her granddaughter, Emily. However, Emily's uncle, believing he has a stronger claim despite the will, moves into the cottage, changes the locks, and refuses to allow Emily access or possession of the property.

  Illustration: Emily is the disseisitus because, despite being the rightful heir according to the will, she has been unlawfully dispossessed of the family cottage by her uncle, who has taken physical control without any legal right to do so.