Legal Definitions - entry, writ of

A writ of entry was a historical legal action used in common law systems to recover possession of land. It allowed a person who had a superior right to immediate possession of property to reclaim it from someone who had wrongfully entered or was wrongfully withholding possession.

Unlike more complex legal battles that sought to prove absolute ownership (known as a "writ of right"), a writ of entry focused on the more straightforward issue of who had the better claim to *present possession* of the land, based on a recent wrongful entry by the defendant. It was a procedural tool designed to restore physical control of the property to the rightful party without necessarily resolving all underlying questions of ultimate title.

• Example 1: Expired Lease and Refusal to Vacate

  Imagine a landowner in the 17th century who leased a farm to a tenant for a specific period. When the lease term expired, the tenant refused to leave the property, continuing to occupy it without permission.

  How it illustrates the term: The landowner, while still the undisputed owner, needed a legal mechanism to regain physical possession from the tenant who was now wrongfully occupying the land. A writ of entry would have been the appropriate historical action to assert the landowner's immediate right to possession against the tenant's wrongful continued entry.

• Example 2: New Owner Denied Access After Purchase

  Consider a scenario where a person legally purchased a house and land, and the sale was fully completed with all title documents transferred. However, the previous owner, despite having sold the property, refused to move out and denied the new owner access.

  How it illustrates the term: The new owner, having acquired legal title, had a clear and immediate right to possess the property. The former owner's continued presence constituted a wrongful withholding of possession. A writ of entry would have been used to compel the former owner to surrender possession to the new rightful possessor, focusing on the immediate right to occupy rather than re-litigating the sale itself.

• Example 3: Unauthorized Occupation After Inheritance

  Suppose a wealthy individual passed away, leaving their estate, including a country manor, to their eldest child in their will. Before the will could be fully probated and all assets formally distributed, a distant relative moved into the manor, claiming a vague historical connection to the family and refusing to leave.

  How it illustrates the term: The designated heir, even if the full inheritance process was still underway, had a clear and immediate legal right to possess the manor according to the will. The distant relative's occupation was a wrongful entry. The heir could have used a writ of entry to assert their superior right to immediate possession and remove the unauthorized occupant, focusing on regaining physical control of the property.