Close

An interest in the soil. Doctor & Stud. 30; 6 East 154; 1 Burr. 133; or in trees or growing crops.

Clap v. Draper, 4 Mass. 266, 3 Am. Dec. 215; Stewart v. Doughty, 9 Johns. (N. Y.) 113.

In every case where one man has a right to exclude another from his land, the law encircles it, if not already inclosed, with an imaginary fence, and entitles him to a compensation in damages for the injury he sustains by the act of another passing through it.

3 Bl. Com. 209; Doctor & Stud. dial. 1, c. 8, p. 30; Worrall v. Rhoads, 2 Whart. (Pa.) 430, 30 Am. Dec. 274.

In considering the cases in which trespass might be supported for an injury to land (for breaking the close) it is laid down that the term close, being technical, signifies the interest in the soil, and not merely an inclosure in the common acceptance of that term. It lies, however temporary the tenant's interest, and though it be merely in the profits of the soil as vesturae terrae or herbagii pasturae; Co. Litt. 4 b; 5 East 480; 6 id. 606; 5 T. R. 535; prima tonsura; 7 East 200; chase for warren, etc.; 2 Salk. 637; if it be in exclusion of others; 2 Bla. Rep. 1150; 8 M. & S. 499. So it lies by one having a right to take off grass; 6 East 602; or after a tenancy expires, a right to emblements; Stewart v. Doughty, 9 Johns. (N. Y.) 108; or by one having the right to cut timber trees; Clap v. Draper, 4 Mass. 266, 3 Am. Dec. 215. Ejectment will not lie for a close; 11 Co. 55; Cro. Eliz. 235; Ad. Ej. 24.

See Clausum.