Legal Definitions - forbarre

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Definition of forbarre

Forbarre is a historical legal term that means to prevent someone, often by legal means or a prior action, from asserting a right, making a claim, or taking a particular action. It signifies a complete exclusion or preclusion from a specific legal entitlement or course of conduct.

Here are some examples to illustrate the concept of "forbarre":

  • Imagine a will that includes a specific clause stating that if any beneficiary attempts to challenge the validity of the will in court, they will automatically forfeit any inheritance they were otherwise entitled to receive. In this scenario, the clause would forbarre that beneficiary from both challenging the will and claiming their inheritance if they proceed with a challenge. Their attempt to dispute the will would legally prevent them from receiving their share.

  • Consider a situation where a country's law dictates that if a person fails to pay their property taxes for a certain number of consecutive years, the government can seize their property, and the former owner is then permanently prevented from reclaiming it or disputing the seizure. The failure to pay taxes would forbarre the individual from asserting any further ownership rights over that property once the legal process is complete.

  • Suppose a long-standing agreement between two neighboring landowners stipulated that if one party ever built a structure exceeding a certain height on their property, they would automatically lose their right to use a shared access road. If one landowner then constructs a building taller than the agreed limit, their action would forbarre them from continuing to use the shared access road, as per the terms of their prior agreement.

Simple Definition

Historically, "forbarre" was a legal term of Law French origin meaning to prevent or exclude someone from asserting a claim or taking a particular action. It essentially meant to bar out or estop a party from proceeding.