Legal Definitions - QCF

QCF is an abbreviation for the Latin phrase QUARE CLAUSUM FREGIT.

Literally translated, Quare Clausum Fregit means "wherefore he broke the close." In legal terms, this phrase historically referred to the common lawwrit or form of action for trespass to land. It signifies an unauthorized entry onto another person's property. The "close" refers to an enclosed piece of land, implying ownership or lawful possession, and "breaking the close" means entering that land without permission or legal right. This action focuses on the wrongful entry itself, even if no physical damage occurred.

Here are some examples illustrating the concept of Quare Clausum Fregit:

• Example 1: A group of teenagers takes a shortcut through a neighbor's backyard to get to a public park, despite clearly visible "Private Property" signs. The neighbor, annoyed by the constant foot traffic, decides to take legal action.

  Explanation: The teenagers, by entering the neighbor's private backyard without permission, have "broken the close." Their unauthorized presence on the property, even if they caused no physical damage, constitutes a trespass to land, which historically would have been addressed by an action of quare clausum fregit.

• Example 2: A land surveyor, hired by a developer to map out a new subdivision, mistakenly crosses an unmarked property line and places survey stakes on an adjacent landowner's undeveloped forested parcel, believing it to be part of the developer's land.

  Explanation: Even though the surveyor's entry was accidental and without malicious intent, they still entered another person's private property without permission. This unauthorized intrusion onto the adjacent landowner's "close" is a form of trespass that the action of quare clausum fregit was designed to remedy.

• Example 3: During a large outdoor concert held on public grounds, several concertgoers climb over a fence and set up their chairs on a privately owned field bordering the venue, hoping for a better view. The owner of the field had explicitly posted "No Trespassing" signs.

  Explanation: The concertgoers intentionally entered the private field without the owner's consent, thereby "breaking the close." Their unauthorized presence on the private property, regardless of whether they caused damage or intended harm, is a direct illustration of the type of wrongful entry that quare clausum fregit historically addressed.