Legal Definitions - quare clausum querentis fregit

Quare clausum querentis fregit is a Latin phrase that literally translates to "wherefore he broke the close of the plaintiff." In legal contexts, this term historically referred to the common law action for trespass to land. It describes a situation where someone unlawfully enters or interferes with another person's property without permission or legal right. The "close" refers to the boundaries of the land, whether physically enclosed by a fence or not, signifying that the land was considered private property.

Here are some examples illustrating this legal concept:

• Example 1: A group of teenagers decides to take a shortcut through a private backyard to get to a public park, despite clear "Private Property" signs posted along the fence line. They walk across the lawn, disturbing some landscaping.

  Explanation: The teenagers, by entering the private backyard without permission, have "broken the close" of the property owner (the "querentis"). Their unauthorized physical entry onto the land constitutes a trespass, regardless of whether they intended to cause harm.

• Example 2: A construction company is building a new office complex next to an existing residential home. During the construction, a large crane's boom frequently swings over the residential property, even though it never touches the ground or any structures on the home's lot.

  Explanation: Even without direct physical contact with the ground, the crane's repeated intrusion into the airspace directly above the residential property constitutes a trespass. Property ownership extends not just to the surface but also to a reasonable amount of the airspace above it, meaning the construction company has "broken the close" of the homeowner by intruding into their private domain.

• Example 3: A homeowner places a large pile of yard waste, including branches and leaves, just over their property line onto their neighbor's undeveloped vacant lot, intending to dispose of it later.

  Explanation: By placing the yard waste onto the neighbor's property without permission, the homeowner has caused an unauthorized physical intrusion onto the neighbor's "close." Even though the homeowner themselves did not physically step onto the lot, the act of depositing material onto the land is sufficient to constitute a trespass.