Legal Definitions - fresh disseisin

The term fresh disseisin refers to a situation where someone has been recently and unlawfully removed from their property or deprived of its possession. The key element is that the dispossession is *fresh* or recent, meaning the person who was dispossessed acts quickly to reclaim their property.

To understand fresh disseisin, it's helpful to first understand disseisin. Disseisin generally means the wrongful act of dispossessing someone of their land or property. It's an unlawful taking or withholding of possession from the rightful possessor.

When the disseisin is "fresh," it means the wrongful act has just occurred, or has only recently been discovered, and the dispossessed party has not delayed in seeking a remedy. This "freshness" is important because it often allows the dispossessed person to use more immediate and summary legal actions (like a writ of entry or a forcible entry and detainer action) to regain possession, rather than having to go through a longer, more complex lawsuit to prove full ownership or title.

• Example 1: Residential Property Intrusion

  Imagine Sarah returns from a two-week vacation to find that squatters have broken into her house, changed the locks, and are now living there. Sarah immediately contacts the police and her lawyer to initiate legal proceedings to remove them.

  How it illustrates the term: Sarah has experienced a disseisin because she was unlawfully removed from possession of her home. Because she discovered the intrusion immediately upon her return and acted without delay to reclaim her property, this is considered a fresh disseisin. This allows her to pursue an expedited legal process, such as a forcible entry and detainer action, to quickly regain possession of her house.

• Example 2: Commercial Tenant Lockout

  A small business owner, Mark, arrives at his rented storefront one morning to find the locks changed and a notice from his landlord stating the lease is terminated due to a disputed, minor late payment, without any prior legal eviction notice or court order. Mark immediately consults an attorney to challenge the lockout and regain access to his business.

  How it illustrates the term: Mark has been unlawfully dispossessed of his commercial space (a disseisin). The landlord's action was sudden and without proper legal procedure. Because Mark responded immediately ("fresh") to this wrongful dispossession, he can likely use an expedited legal process to regain access to his business, rather than waiting for a full breach of contract lawsuit to unfold.

• Example 3: Agricultural Land Encroachment

  A farmer, David, discovers that his neighbor has just erected a new fence that encroaches several feet onto David's cultivated field, preventing David from accessing a portion of his crops. David confronts his neighbor, who refuses to move the fence. David promptly consults an attorney to address the encroachment and regain full use of his land.

  How it illustrates the term: David was wrongfully deprived of a portion of his land (a disseisin). The act of the neighbor building the fence and taking possession was recent and immediately discovered ("fresh"). This allows David to pursue a prompt legal remedy, such as an injunction or a specific type of possessory action, to have the fence removed and his land restored, rather than a more complex and lengthy boundary dispute that might arise if the encroachment had gone unnoticed for years.