Legal Definitions - questus est nobis

Questus est nobis is a historical legal term from medieval English law, meaning "hath complained to us." It referred to a specific type of legal order, known as a writ, that allowed someone to take legal action against a property owner who continued a nuisance that was already present on the property before they acquired it, either through inheritance or purchase.

This writ was significant because, under earlier law, a person could only sue the individual who had originally created the nuisance. Questus est nobis expanded legal recourse, making it possible to hold subsequent owners responsible for maintaining existing nuisances on their land, even if they didn't create them.

• Example 1 (Inherited Nuisance): Imagine a medieval village where a tannery, known for its strong odors and waste runoff, was a nuisance to a neighboring farmer. When the original tanner died, his son inherited the tannery and continued to operate it in the same manner, perpetuating the smells and runoff. Under the older law, the farmer could only have sued the deceased father. However, with the introduction of questus est nobis, the farmer could now issue this writ against the son, who had inherited the property and was continuing the pre-existing nuisance.

• Example 2 (Purchased Property with Nuisance): Consider a situation where a landowner built a large, unsightly structure that partially blocked a neighbor's sunlight, causing a persistent annoyance. The original landowner then sold the property to a new owner. The new owner, unaware or unconcerned, maintained the structure in its original location. The neighbor, unable to sue the original builder who no longer owned the land, could use a questus est nobis writ against the new owner for continuing the nuisance that existed before their purchase.

• Example 3 (Environmental Nuisance on Acquired Land): Suppose a property owner had historically diverted a natural stream in a way that caused regular flooding on an adjacent farmer's fields. The property was then sold to a new owner. The new owner continued to maintain the stream diversion, thereby perpetuating the flooding nuisance on the farmer's land. Before questus est nobis, the farmer might have been unable to seek remedy against the new property owner. This writ would allow the farmer to complain to the court about the new owner continuing the nuisance that was established before they bought the land.