Non intromittendo, quando breve praecipe in capite subdole impetratur is a Latin term used in history. It describes a writ that was issued to the King’s Bench or Eyre, instructing them not to assist an individual who fraudulently obtained a praecipe in capite for lands from the king. The writ directs them to subject that person to the writ of right. In simpler terms, it means that if someone acquired a writ for land from the king through deceit, they cannot seek assistance from the court to retain the land.
The term “non intromittendo” is a historical Latin term that refers to a writ issued to the King’s Bench or Eyre. This writ commands them not to aid a person who obtained a praecipe in capite for lands from the king through deceit. Instead, the writ orders them to put that person to the writ of right.
For example, in medieval England, a person could fraudulently obtain a praecipe in capite from the king for lands that rightfully belonged to someone else. If there were suspicions of deceit, a non intromittendo writ could be issued to prevent the King’s Bench or Eyre from assisting that person in their claim to the land.
The purpose of the non intromittendo writ was to ensure that the courts did not aid someone who obtained a writ deceitfully. This helped to uphold justice and ensure that land disputes were resolved fairly.
Non Intromittendo is a Latin term used in property law to refer to a situation where a person is not allowed to interfere with or meddle in the affairs of another person’s property.
Including “Non Intromittendo” in a legal document, such as a property deed or lease agreement, serves as a restriction or prohibition on the person’s ability to interfere with the property in question.
Yes, “Non Intromittendo” can be waived or modified if both parties involved in the legal agreement agree to do so. This typically requires a written amendment or addendum to the original document.
Violating a “Non Intromittendo” clause can result in legal consequences, such as breach of contract or trespassing charges. The specific penalties will depend on the jurisdiction and the nature of the violation.
If someone is violating a “Non Intromittendo” clause and interfering with your property, you may need to seek legal recourse. This can involve filing a lawsuit, obtaining an injunction, or pursuing other appropriate legal remedies.
Yes, “Non Intromittendo” can be applicable to various types of property, including real estate, personal property, and intellectual property. However, its specific application may vary depending on the context and the governing laws.
Yes, a “Non Intromittendo” clause can be included in a rental agreement to prevent the tenant from interfering with the landlord’s property. This can include restrictions on alterations, subletting, or unauthorized use of the premises.
Yes, a “Non Intromittendo” clause can be challenged in court if there are valid grounds to do so. This may involve arguing that the clause is unreasonable, unconscionable, or against public policy.
Yes, there may be exceptions to the “Non Intromittendo” principle in certain circumstances. For example, if there is a legal duty or authority granted to a person, they may be allowed to interfere with the property despite the clause.
To include a “Non Intromittendo” clause in a legal document, it is advisable to consult with a qualified attorney who can draft the clause in a manner that aligns with the specific legal requirements and objectives of the situation.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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