Legal Definitions - nul disseisin

Nul disseisin is a legal defense used in lawsuits concerning the ownership or possession of real property, such as land or buildings. It is a formal argument made by a defendant asserting that the plaintiff was never actually deprived of possession of their property.

Essentially, when a defendant pleads nul disseisin, they are claiming that no unlawful taking or interference with the plaintiff's property rights, sufficient to constitute a "disseisin" (meaning an unlawful dispossession), ever occurred. The defendant argues that the plaintiff's possession was never truly disturbed or taken away by their actions.

Here are some examples illustrating how this defense might be used:

• Boundary Dispute: Imagine two neighbors, Sarah and Tom, who share a property line. Sarah claims that Tom built a new fence that encroaches onto her land by several feet, thereby dispossessing her of that strip of property. Tom, in response, might plead nul disseisin. He would argue that his fence is entirely within his own property boundaries, based on his survey, and therefore Sarah's possession of her land has not been disturbed or taken away by his actions.

  This illustrates nul disseisin because Tom is asserting that Sarah was never actually deprived of any land she rightfully possessed; his actions did not constitute an unlawful taking.

• Disputed Easement: A property owner, Ms. Chen, claims that her neighbor, Mr. Davis, has blocked her long-standing right-of-way across his property, effectively dispossessing her of her ability to access a public road. Mr. Davis, however, might plead nul disseisin. He could argue that Ms. Chen always had alternative access to the road, or that the specific path she used was merely a permissive route he allowed, not a formal easement, and therefore he has not unlawfully deprived her of any established property right or possession.

  Here, Mr. Davis's plea of nul disseisin means he contends that Ms. Chen was not truly dispossessed of a legal right-of-way, or that her access was never fully and unlawfully taken away.

• Claim of Adverse Possession: A person, David, has been regularly using a vacant lot next to his house for gardening for many years, believing it to be abandoned. The actual owner, Emily, suddenly erects a "No Trespassing" sign and locks a gate, preventing David's access. David might then sue, claiming he had established a right to the land through adverse possession and Emily has now dispossessed him. Emily, as the defendant, could plead nul disseisin. She would argue that David never fully established legal possession in the first place (perhaps his use was not exclusive or hostile enough), and therefore she could not have unlawfully "dispossessed" him of something he never legally possessed.

  This example shows nul disseisin as Emily's argument that David was never truly in legal possession of the land, and thus her actions did not unlawfully take away a possession he rightfully held.