Legal Definitions - QU. CL. FR.

QU. CL. FR. is an abbreviation for the Latin phrase QUARE CLAUSUM FREGIT, which literally translates to "wherefore he broke the close." In legal terms, it refers to the common law action for trespass to land. Essentially, it describes the act of unlawfully entering or interfering with another person's private property without permission or legal justification.

This concept protects a property owner's exclusive right to possess and control their land. When someone commits QU. CL. FR., they are infringing upon this right, even if no actual damage is done to the property itself. The "close" refers to the boundaries of the property, whether fenced or not, and "breaking" it means crossing those boundaries without authorization.

Here are some examples illustrating QU. CL. FR.:

• Example 1: Unpermitted Shortcut
  A group of hikers, trying to save time, decides to cut across a clearly marked private field owned by a farmer instead of following the public footpath around its perimeter. The farmer has posted "Private Property - No Trespassing" signs along the boundary.

  Explanation: This action constitutes QU. CL. FR. because the hikers intentionally entered the farmer's private land without permission, thereby "breaking the close" and interfering with the farmer's exclusive right to their property, regardless of whether they caused any damage to the crops or land.

• Example 2: Accidental Encroachment
  A landscaping company, hired to re-grade a homeowner's backyard, accidentally extends its work a few feet onto the undeveloped portion of the adjacent neighbor's property. The neighbor had not given permission for any work to be done on their land.

  Explanation: Even though the encroachment was unintentional, the landscaping company's actions are an instance of QU. CL. FR. They physically entered and altered land that did not belong to their client, infringing upon the neighbor's property rights by "breaking the close" of their property.

• Example 3: Unauthorized Access for Activity
  A local photography club wants to capture images of a historic, privately owned estate that is not open to the public. Despite clear signage indicating private property and no public access, several club members climb over a low wall to gain entry to the estate grounds to take pictures.

  Explanation: This scenario demonstrates QU. CL. FR. because the photographers knowingly crossed the boundary onto private property without the owner's consent. Their purpose, even if benign, does not negate the fact that they unlawfully entered the "close" of the estate, interfering with the owner's right to exclusive possession.