Legal Definitions - novel disseisin

Novel disseisin refers to the recent wrongful dispossession of someone from their land or property. In simpler terms, it describes a situation where a person has been unlawfully and recently removed from or deprived of the possession of real estate they rightfully held.

Historically, this term was associated with a specific legal action (an "assize of novel disseisin") designed to provide a quick remedy for individuals who had recently lost possession of their land due to an unlawful act. The key elements are the wrongful nature of the taking and its recency.

• Example 1: Residential Property Takeover

  Imagine Sarah owns a vacant plot of land next to her house. She regularly mows the lawn and maintains it. One month, she goes on an extended overseas trip. Upon her return, she discovers that a neighbor has recently erected a fence around a significant portion of her vacant plot, built a small shed, and started planting a garden, effectively taking possession of that land without her permission. This situation would be considered a novel disseisin because Sarah was recently and unlawfully dispossessed of a part of her property.

• Example 2: Commercial Lease Dispute

  A small business owner, Mr. Chen, leases a retail space in a strip mall. He temporarily closes his shop for a week for renovations. When he returns, he finds that the adjacent business, a dry cleaner, has recently expanded its operations into a section of his leased space, moving some of its equipment and setting up a new counter, claiming the landlord gave them permission (which is false). Mr. Chen has experienced a novel disseisin because his possession of a portion of his leased commercial property was recently and wrongfully taken by another party.

• Example 3: Agricultural Land Encroachment

  A farmer, Maria, owns a large field used for growing crops. Her property line is clearly marked by an old stone wall. After a severe storm, a section of the wall collapses. While the wall is being repaired, her neighboring farmer, without discussing it with Maria, recently extends his own fence several feet onto Maria's land, enclosing a small but valuable strip of her fertile soil and begins to plow it. This constitutes a novel disseisin because Maria has been recently and wrongfully deprived of the use and possession of a part of her agricultural land.