Disturbance in United States
Disturbance Definition
A wrong done to an incorporeal hereditament by hindering ot disquieting the owner in the enjoyment of it. Finch, Law, 187; 3 Bl. Comm. 235; 1 Swift Dig. 522; Comyn, Dig. “Action upon the Case,” “Pleader” (3 I 6) ; 1 Serg. & R. (Pa.) 298; 41 Me. 104. The remedy for a disturbance is an action qn the case, or, in some instances in equity, by an injunction. Disturbance of Common. Any act done by which the right of another to his common is incommoded or hindered. ‘ The remedy is by distress (where beasts are put on his common), or by action on the case, provided the damages are large enough to admit of his laying an action with a per quod. Cro. Jac. 195; Co. Litt. 122; 3 Bl. Comm. 237; 1 Saund. 546; 4 Term R. 71. Disturbance of Franchise. Any acts ‘ done whereby the owner of a franchise has his property damnified, or the profits arising thence diminished. The remedy for such disturbance is a special action on the xjase. Cro. Eliz. 558; 2 Saund. 113b; 3 Sharswood, Bl. Comm. 236; 28 N. H. 438. Disturbance of Patronage. The hindrance or obstruction of the patron to present his clerk to a benefice. 3 Bl. Comm. 242. The principal remedy was a writ of right of advowson; and there were also writs of darrein presentment and of quare impedit. Coke, 2d Inst. 355; Pitzh. Nat. Brev. 31. Disturbance of Tenure. Breaking the connection which subsists between lord and tenant. 3 Bl. Comm. 242; 2 Steph. Comm. 513. Disturbance of Ways. This happens where a person who hath a right of way over another’s ground by grant or prescription is obstructed by inclosures or other obstacles, or by ploughing across it, by which means he cannot enjoy his right of way, or at least in so commodious a manner as he might have done. 3 Sharswood, Bl. Comm. 242; 5 Gray (Mass.) 409; 7 Md. 352; 23 Pa. St. 348; 29 Pa. St’. 22.
Disturbance in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Disturbance | Disturbance in the World Legal Encyclopedia. |
| Disturbance | Disturbance in the European Legal Encyclopedia. |
| Disturbance | Disturbance in the Asian Legal Encyclopedia. |
| Disturbance | Disturbance in the UK Legal Encyclopedia. |
| Disturbance | Disturbance in the Australian Legal Encyclopedia. |
For starting research in the law of a foreign country:
Browse the American Encyclopedia of Law for Disturbance
Scan Disturbance in the appropriate area of law:
| Link | Description |
|---|---|
| Disturbance | Disturbance in the Family Law Portal of the American Encyclopedia of Law. |
| Disturbance | Disturbance in the IP Portal of the American Encyclopedia of Law. |
| Disturbance | Disturbance in the Commercial Law Portal of the American Encyclopedia of Law. |
| Disturbance | Disturbance in the Criminal Law Portal of the American Encyclopedia of Law. |
| Disturbance | Disturbance in the Antritrust Portal of the American Encyclopedia of Law. |
| Disturbance | Disturbance in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Disturbance | Disturbance in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Disturbance | Disturbance in the Tax Law Portal of the American Encyclopedia of Law. |
| Disturbance | Disturbance in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Disturbance | Disturbance in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Disturbance | Disturbance in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Disturbance | Disturbance in the Environmental Law Portal of the American Encyclopedia of Law. |
Explore other Reference Works
| Resource | Description |
|---|---|
| Disturbance in the Dictionaries | Disturbance in our legal dictionaries |
| http://lawi.us/disturbance | The URI of Disturbance (more about URIs) |
| Disturbance related entries | Find related entries of Disturbance |
Legal Issue for Attorneys
A wrong done to an incorporeal hereditament by hindering ot disquieting the owner in the enjoyment of it. Finch, Law, 187; 3 Bl. Comm. 235; 1 Swift Dig. 522; Comyn, Dig. “Action upon the Case,” “Pleader” (3 I 6) ; 1 Serg. & R. (Pa.) 298; 41 Me. 104. The remedy for a disturbance is an action qn the case, or, in some instances in equity, by an injunction. Disturbance of Common. Any act done by which the right of another to his common is incommoded or hindered. ‘ The remedy is by distress (where beasts are put on his common), or by action on the case, provided the damages are large enough to admit of his laying an action with a per quod. Cro. Jac. 195; Co. Litt. 122; 3 Bl. Comm. 237; 1 Saund. 546; 4 Term R. 71. Disturbance of Franchise. Any acts ‘ done whereby the owner of a franchise has his property damnified, or the profits arising thence diminished. The remedy for such disturbance is a special action on the xjase. Cro. Eliz. 558; 2 Saund. 113b; 3 Sharswood, Bl. Comm. 236; 28 N. H. 438. Disturbance of Patronage. The hindrance or obstruction of the patron to present his clerk to a benefice. 3 Bl. Comm. 242. The principal remedy was a writ of right of advowson; and there were also writs of darrein presentment and of quare impedit. Coke, 2d Inst. 355; Pitzh. Nat. Brev. 31. Disturbance of Tenure. Breaking the connection which subsists between lord and tenant. 3 Bl. Comm. 242; 2 Steph. Comm. 513. Disturbance of Ways. This happens where a person who hath a right of way over another’s ground by grant or prescription is obstructed by inclosures or other obstacles, or by ploughing across it, by which means he cannot enjoy his right of way, or at least in so commodious a manner as he might have done. 3 Sharswood, Bl. Comm. 242; 5 Gray (Mass.) 409; 7 Md. 352; 23 Pa. St. 348; 29 Pa. St’. 22.
Notice
This definition of Disturbance Is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.