Legal Definitions - quare clausum fregit

Quare clausum fregit is a Latin legal phrase that literally translates to "why he broke the close." In legal terms, it refers to the unlawful entry onto, or interference with, someone else's private land. It is a historical term used to describe a specific type of trespass to land, where "close" signifies an enclosed piece of private property, and "breaking the close" means entering or intruding upon that property without permission or legal right. This concept forms the basis for modern claims of trespass to land, emphasizing the right of a property owner to exclusive possession of their property.

• Example 1: Unauthorized Shortcut

  Imagine a pedestrian who, to save a few steps, regularly walks across a neighbor's manicured front lawn to reach a bus stop, despite clear "Private Property" signs. The neighbor has never given permission for this.

  Explanation: The pedestrian's act of walking across the private lawn without permission constitutes "breaking the close" because they are unlawfully entering and interfering with the neighbor's exclusive possession of their private land. The neighbor could bring a claim based on the principle of `quare clausum fregit`.

• Example 2: Construction Boundary Error

  A construction company, hired to build a new fence for a homeowner, mistakenly extends the fence line two feet onto the adjacent property owner's undeveloped lot. During this process, they clear some brush and dig post holes on the neighbor's land.

  Explanation: Even though the construction company's actions were unintentional, their entry onto and alteration of the adjacent property owner's land without permission is an unauthorized intrusion. This physical invasion of the neighbor's "close" (their private lot) falls under the principle of `quare clausum fregit`, establishing a trespass.

• Example 3: Unpermitted Vehicle Entry

  A delivery driver, looking for a place to turn around their large truck, drives into a private driveway clearly marked with a "No Turnarounds – Private Drive" sign. While maneuvering, the truck damages a section of the driveway pavement.

  Explanation: The driver's act of entering the private driveway without permission, especially after seeing the clear signage, is an unauthorized intrusion onto private property. This "breaking of the close" is a direct violation of the property owner's right to exclusive possession, making it a trespass under the `quare clausum fregit` principle, compounded by the damage caused.