Legal Definitions - interdictum quod vi aut clam

Interdictum quod vi aut clam was a specific legal order or injunction under Roman law. It was issued against an individual who had either forcibly (vi) or secretly (clam) altered, occupied, or interfered with another person's property. The primary purpose of this interdict was to compel the wrongdoer to restore the property to its previous state or condition.

Here are some examples illustrating how this legal concept would apply:

• Example 1 (Forcible Alteration): Imagine a farmer, Mr. Alistair, who owns a field adjacent to his neighbor, Mr. Ben. Mr. Ben, without Mr. Alistair's permission and despite his protests, decides to extend his own boundary fence several feet into Mr. Alistair's field, effectively taking over a strip of land. This action constitutes a forcible (vi) alteration and occupation of Mr. Alistair's property. An interdictum quod vi aut clam would be issued, requiring Mr. Ben to remove the encroaching fence and return the land to Mr. Alistair.

• Example 2 (Secret Interference): Consider Ms. Clara, who relies on a natural spring on her property for water. Her neighbor, Mr. David, secretly digs a hidden channel overnight to divert a significant portion of the spring's water flow onto his own land, reducing the water available to Ms. Clara without her knowledge or consent. This is a secret (clam) alteration of Ms. Clara's property rights and access to resources. An interdictum quod vi aut clam would compel Mr. David to fill in the diversion channel and restore the spring's natural flow to Ms. Clara's property.

• Example 3 (Forcible Occupation): A property owner, Ms. Eleanor, discovers that a group of individuals has moved onto her vacant plot of land, erected temporary structures, and is refusing to leave, asserting their right to stay. This constitutes a forcible (vi) occupation of Ms. Eleanor's property. An interdictum quod vi aut clam would be the legal mechanism to order the occupants to vacate the land and remove any structures they have built, thereby restoring Ms. Eleanor's full possession and control over her property.