Legal Definitions - nontenure

Nontenure is a historical legal defense used in lawsuits concerning real property, specifically land. It occurred when a defendant, who was being sued over the ownership or possession of land, responded by denying that they held or possessed the land (or a specific portion of it) as claimed by the plaintiff. Essentially, it was a way for the defendant to state, "I do not possess the land you are suing me about."

• Example 1: Boundary Dispute

  Imagine two neighboring landowners, Mr. Henderson and Ms. Rodriguez, have a long-standing disagreement over a narrow strip of land along their shared property line. Mr. Henderson files a "real action" (a lawsuit concerning land) against Ms. Rodriguez, claiming she is wrongfully occupying and holding this disputed strip.

  In a historical context, Ms. Rodriguez, in her defense, might have used nontenure to state that she does not hold or possess that specific disputed strip of land as Mr. Henderson claims. Her defense isn't about *why* she holds it, but rather a direct denial that she holds it at all.

  This illustrates nontenure because Ms. Rodriguez is the defendant in a real action, and her defense is a direct denial of holding the specific portion of land that the plaintiff (Mr. Henderson) claims she possesses.

• Example 2: Claim of Wrongful Possession

  Consider a situation where a large estate, owned by the Miller Family Trust, discovers that a small, undeveloped parcel of their land appears to be occupied by an individual, Mr. Davies. The Miller Family Trust initiates a real action to reclaim possession and establish their clear ownership.

  Mr. Davies, as the defendant, could historically employ nontenure as a defense, asserting that he does not, in fact, hold or occupy *that particular parcel of land* that the Miller Family Trust is suing him over. He might argue he is on an adjacent, unowned plot, or simply deny any occupation of the specific land in question.

  Here, Mr. Davies is the defendant in a real action, and his use of nontenure is a direct denial that he possesses the land in question, challenging the fundamental premise of the Miller Family Trust's claim.

• Example 3: Disputed Ownership Post-Sale

  Suppose Ms. Thompson sells a large commercial property to Mr. Kim. A few months later, Mr. Kim sues Ms. Thompson, claiming that she is still wrongfully holding onto a specific storage unit and the small access road leading to it, which he believes was part of the sale agreement.

  Ms. Thompson, as the defendant, could historically use nontenure to deny that she holds *that specific storage unit and access road*. She might argue that it was explicitly excluded from the sale contract, or that she never had possession of it in the first place, even before the sale was finalized.

  This demonstrates nontenure because Ms. Thompson, the defendant in a real action, is denying that she possesses the specific portion of the property that Mr. Kim, the plaintiff, claims she is wrongfully holding.