Legal Definitions - purpresture

Purpresture refers to an unauthorized private use or appropriation of something that rightfully belongs to the public or is designated for public use, thereby infringing upon public rights or easements. It's essentially taking over a piece of public property or a public right for private benefit without permission.

• Example 1: A beachfront hotel constructs a private cabana and lounge area directly on a public beach, placing ropes and signs to restrict access to its guests only.

  Explanation: The public beach is a common resource intended for everyone's enjoyment. The hotel's action of cordoning off a section for private use constitutes a purpresture because it appropriates public land and restricts the public's right to access and enjoy it.

• Example 2: A homeowner builds an elaborate stone wall and landscaping that extends several feet beyond their property line into a municipal park, effectively annexing a portion of the parkland into their private yard.

  Explanation: The municipal park is public property intended for community use. By building a permanent structure that encroaches upon this land and incorporates it into their private domain, the homeowner commits a purpresture, infringing on the public's right to that parkland.

• Example 3: A commercial building owner installs a permanent loading dock that extends significantly into a public alleyway, making it difficult for other businesses and public vehicles to navigate or use the alley for its intended purpose.

  Explanation: The public alleyway is a public right-of-way for access and utility. The loading dock, by permanently occupying and obstructing a substantial portion of this public space for private commercial operations, represents a purpresture as it appropriates a public easement for private use, hindering public access and utility.