Clausum fregit


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CLAUSUM FREGIT, torts, remedies. He broke the close. These words are used in a writ for an action of trespass to real estate, the defendant being summoned to answer quare clausum fregit, that is, why he broke the close of the plaintiff. 3 Bl. Com. 209.
     2. Trespass quare clausum fregit lies for every unlawful intrusion into land, whether enclosed or not, though only grass may be trodden. 1 Dev. & Bat. 371. And to maintain this action there must be a possession in the plaintiff, and a right to that possession.9 Cowen 39; 4 Yeates, 418; 11 Conn. 60, 10 Conn. 225; 1 John. 511; 12 John. 1834 Watts, 377; 4 Bibb, 218; 15 Pick. 32; 6 Rand. 556; 2 Yeates, 210; 1 Har. & John. 295; 8 Mass. 411.

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be viewed as no more than a common law trespass quare clausum fregit," rather than a compensable taking which would involve a more substantial physical occupancy of private property); see also S.