Close

[Lat. clausum, q. v.] A portion of land, as a field, enclosed, as by a hed^e, fence or other visible enclosure.* 3 BL Com. 209. The interest of a person in any particular piece of ground, whether actually enclosed or not. Id. ibid.

1 East, 207.

Boct. <& Stud. dial.

1, c. 8.

Every man's land is, in the eye of the law, enclosed and set apart from his neighbor's; and that either by a visible and material fence, as one field is divided from another by a hedge; or by an ideal invisible boundary, existing only in the contemplation of law, as when one man's land adjoins to another's in the same field.

3 BL Com, 209, 210.

In common acceptation, close means an enclosed field; but in law it rather signifies the separate mterest of the party in a particular spot of land, whether enclosed or not.

7 East, 207.

DocL d; Stud. dial.

1, c. 8.

The idea of a close as a piece of land adjoining and enclosing a dwelling-house, and peculiarly privileged from entry or invasion, is of very great antiquity in European law, and is clearly traced by Montesquieu to the habits of the ancient Germans, of whom it is said by Tacitus, — Suam quisque domum spatio circumdat; every one surrounds his house with a space of ground. De Mor. Oerm. c.

16.

Montesquieu translates this passage " chacun laisse autour de sa m^aison un petit terrein ou space, qu'est clos et fermi,** and refers to some of the laws of the barbarian codes (as the law of the Allemans, c. 10, and the law of the Bavarians, tit. 10, § 1, 2;) as containing decrees against those who threw down this enclosure, as well as against those who broke into the house. Esprit des Lois, liv.

18, c. 22.

This enclosure was called curtis (a court) in the ancient charters. See Court, Curtis.