Legal Definitions - interruptio

Interruptio refers to an action that breaks the continuous, uninterrupted use or possession of land by someone who is not the legal owner. This interruption is significant because it prevents that person from acquiring a legal right to the land or its use through a process known as a "prescriptive claim." Prescriptive claims, such as adverse possession or a prescriptive easement, typically require a specific period of open, continuous, and unauthorized use or possession. An interruptio effectively resets the clock on this required period, making it impossible for the claim to be established.

Here are some examples illustrating interruptio:

• Example 1: Physical Barrier

  Imagine a homeowner, Mr. Henderson, whose neighbor, Ms. Davies, has been regularly driving her car across a corner of his undeveloped lot for 12 years to shorten her commute. Mr. Henderson decides to build a sturdy fence along his property line, completely blocking Ms. Davies's access across his land. This act of building the fence constitutes an interruptio. By physically preventing Ms. Davies from continuing her use, Mr. Henderson has broken the continuity required for her to claim a prescriptive easement (a right to use his land for passage). The "clock" on her 12 years of use is reset, and she would have to start a new period of uninterrupted use if she wished to pursue such a claim again.

• Example 2: Legal Action or Formal Notice

  A commercial property owner, Apex Corp., discovers that a local hiking club has been regularly using a path across a remote section of their property for 15 years, believing it to be public land. Apex Corp. sends a formal cease and desist letter to the hiking club, clearly stating that the land is private and revoking any implied permission for use. They also post "No Trespassing" signs along the path. This formal communication and posting of signs serve as an interruptio. Even without a physical barrier, the clear assertion of ownership and denial of permission breaks the continuous, unauthorized nature of the club's use, preventing them from establishing a prescriptive right to continue using the path.

• Example 3: Voluntary Cessation by the Claimant

  Consider a situation where a tenant, Sarah, has been consistently parking her car on a vacant strip of her landlord's adjacent property for 8 years, without explicit permission. Sarah then moves out of the country for two years, completely stopping her use of the parking strip. When she returns and attempts to park there again, her prior 8 years of use are no longer considered continuous. Her voluntary absence and cessation of use for a significant period act as an interruptio. The continuity of her possession was broken, meaning she cannot combine her previous 8 years with any future use to meet the statutory period required for a prescriptive claim.