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Quare clausum fregit

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QUARE CLAUSUM FREGIT. Wherefore he broke the close. In actions of trespass to real estate the defendant is charged with breaking the close of the plaintiff. Formerly the original writ in such a case was a writ of trespass quare clausum fregit, now the charge of breaking the close is laid in the declaration. See Close; Trespass.



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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.
 
 
 
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