Legal Definitions - distrein

To distrain means to legally seize and hold someone's property as security for a debt or obligation, typically without needing a prior court order. This action is usually taken to compel the owner to pay what they owe or fulfill a duty. While historically common, the right to distrain is now often regulated by specific laws and may only apply in certain circumstances, such as unpaid rent or damage caused by trespassing animals.

• Example 1: Unpaid Commercial Rent
  A small business operating a retail store falls several months behind on its commercial lease payments. The lease agreement, in accordance with local statutes, grants the landlord the right to distrain the tenant's property if rent is not paid. Following the proper legal procedures, the landlord seizes some of the store's inventory and display fixtures, placing them in storage. The landlord intends to hold these items until the overdue rent is paid in full.

  Explanation: In this scenario, the landlord is distraining the tenant's property (inventory and fixtures). They are taking possession of these goods to compel the tenant to pay the outstanding rent, acting under the authority of the lease agreement and relevant laws, rather than waiting for a court judgment.

• Example 2: Trespassing Livestock
  A rancher's herd of goats repeatedly breaks through a fence and grazes on a neighboring farmer's valuable organic crops, causing significant financial loss. Under a specific state law concerning livestock, the farmer is permitted to "distrain" the trespassing goats. The farmer rounds up the animals and holds them securely in a pen, notifying the rancher that the goats will be held until compensation for the crop damage and the costs of caring for the animals during their seizure are paid.

  Explanation: Here, the farmer is distraining the rancher's property (the goats). This action involves seizing the animals to compel the rancher to pay for the damage they caused and the expenses incurred, exercising a legal right granted by statute without needing to obtain a court order beforehand.