Trespass Quare Clausum Fregit Law & Legal Definition

Trespass quare clausum fregit is an early form of action to obtain damages for an unlawful entry upon another’s land. “Quare clausum fregit” means breaking a close. Even if there is no fence in a property the action can be worded as “the trespasser broke into the close of the property.” This is a writ for land trespass. An action must be brought by a person who possesses the property against a person who trespassed into the property illegally. A plaintiff should have possession of the property, in order to institute an action to recover damages.