Trespass Quare Clausum Fregit Law and 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.