Legal Definitions - quod permittat prosternere

Quod permittat prosternere is a historical legal term from Law Latin, meaning "that he permit to abate." It referred to a specific type of legal action, known as a writ, used in English common law before 1833. Its purpose was to compel a property owner or individual to allow another party to remove or stop a nuisance that was negatively affecting them. If the defendant refused to permit the abatement, the writ would summon them to court to explain their refusal. If successful, the plaintiff could not only have the nuisance removed but also recover damages for the harm caused. This writ was abolished by the Real Property Limitation Act of 1833.

Here are some examples illustrating how quod permittat prosternere might have been applied:

• Industrial Pollution: Imagine a village in the 18th century where a new tannery opens upstream from a farmer's property. The tannery begins discharging waste into the river, making the water unfit for the farmer's livestock and crops. Despite the farmer's complaints, the tannery owner refuses to stop the pollution.

  In this situation, the farmer could have sought a quod permittat prosternere writ. This legal action would have commanded the owner of the tannery to either allow the farmer to stop the pollution (abate the nuisance) or appear in court to justify their actions. If the court sided with the farmer, they could legally remove the source of the pollution and claim compensation for their losses.

• Hazardous Structure: Consider a situation where a wealthy landowner's dilapidated stable wall is on the verge of collapsing onto a neighboring cottage, posing a significant danger to its inhabitants. Despite repeated requests, the landowner refuses to address the hazard.

  The cottage owner could have pursued a quod permittat prosternere. This writ would have legally compelled the landowner to permit the cottage owner to dismantle or secure the dangerous wall, thereby abating the nuisance and removing the threat. The cottage owner could also seek damages for any harm or anxiety caused by the impending collapse.

• Disruptive Noise: Picture a bustling market town where a blacksmith's forge operates directly next to a physician's home and practice. The constant, loud hammering from the forge throughout the day and into the evening makes it impossible for the physician to conduct consultations or for their family to rest peacefully.

  The physician could have initiated a quod permittat prosternere. This writ would have demanded the blacksmith either cease the disruptive noise or allow the physician to take steps to mitigate the sound (if feasible and within the scope of abatement), or face a court appearance to defend the nuisance. The physician could also claim damages for the disruption to their practice and home life.