Legal Definitions - impediens

Impediens is a historical legal term that referred to a person who actively obstructs or hinders a legal process or agreement. In historical English law, this term was sometimes specifically applied to the defendant (also known as a 'deforciant') in a 'fine of conveyance,' which was a formal legal agreement used to transfer land ownership.

• Example 1: Land Transfer Obstruction

  Imagine a historical scenario where two parties, Lord Ashworth and Sir Reginald, wished to finalize a formal legal agreement to transfer a parcel of land from Sir Reginald to Lord Ashworth. However, Sir Reginald's estranged brother, who believed he had a claim to the land, repeatedly interfered with the process. He might have spread false rumors about the land's title, attempted to intimidate the clerks at the court where the agreement was to be registered, or even physically blocked access to the necessary legal proceedings. In this situation, Sir Reginald's brother would be considered an impediens because he was actively hindering the legal conveyance of the property.

• Example 2: Probate Delay

  Consider a historical case involving the probate of a wealthy merchant's will. The merchant's distant cousin, who was not mentioned in the will but felt entitled to a share, began a campaign of obstruction. This cousin might have filed numerous baseless legal challenges, refused to provide requested documents, or even attempted to bribe witnesses to give false testimony, all with the intent of delaying the distribution of the estate to the rightful heirs. By actively creating obstacles and prolonging the legal process, the cousin would have been acting as an impediens.

• Example 3: Contractual Agreement Hindrance

  In a historical context, if two merchants had entered into a formal written agreement for a significant trade deal, and a competitor, seeking to undermine the transaction, deliberately interfered. This interference could involve spreading misinformation to the parties' suppliers, encouraging their workers to strike, or even attempting to steal crucial documents needed to finalize the deal. By actively sabotaging the conditions necessary for the agreement's completion, the competitor would be functioning as an impediens, hindering the execution of a lawful contract.