Legal Definition and Related Resources of Disturbance
Meaning of Disturbance
Any act causing annoyance, disquiet, agitation or derangement to another or interrupting his peace , or interfering with him in the pursuit of a lawful and appropriate occupation . The interruption of the peace, quiet and good order of a neighborhood or community or a gathering. A wrong done to an incorporeal hereditament as where a man infringes an easement , franchise or similar right .
Disturbance Alternative 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.
Synonyms of Disturbance
- state of disorder
- Associated Concepts: creating a disturbance
- disorderly conduct
- disturbance of court
Related Entries of Disturbance in the Encyclopedia of Law Project
Browse or run a search for Disturbance in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.
Disturbance in Historical Law
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Legal Abbreviations and Acronyms
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Disturbance in Law Enforcement
Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of disturbance.
This term is a noun.
Etimology of Disturbance
late 13c., “mental distress,” from Old French destorbance (12c., Old North French distorbance), from destourber, from Latin disturbare (see disturb). Meaning “public disturbance” is c. 1300; that of “destruction of peace or unity” is late 14c.
- Law Enforcement Officer
- Law Enforcement Agency
- disturbance in A Dictionary of Law Enforcement (Oxford University Press)
- disturbance in the Encyclopedia of Law Enforcement
- A Treatise on the Police of the Metropolis
English Legal System: Disturbance
In the context of the English law, A Dictionary of Law provides the following legal concept of Disturbance :
1. The infringement of a right, e.g. the obstruction of a right of way.
2. The removal of a person’s rights under a statutory power. For example, compensation for disturbance may be payable to a landowner if his land is compulsorily acquired by a local authority.