Legal Definitions - non fecit vastum contra prohibitionem

Definition: Non fecit vastum contra prohibitionem is a Latin term that means "he did not commit waste against the prohibition." It is used in an estrepement action, where a tenant denies any destruction to lands after an adverse judgment but before the sheriff has delivered possession of the lands to the plaintiff.

Example: If a tenant is being evicted from a property and is found guilty of waste, they may be ordered to pay damages to the landlord. However, if the tenant denies causing any damage to the property after the judgment but before they are evicted, they can use the defense of non fecit vastum contra prohibitionem.

Explanation: This defense is used to protect tenants from being held responsible for any damage that may occur to the property after they have been ordered to leave but before they have actually left. It is important to note that this defense only applies if the tenant did not cause any damage to the property after the judgment was made against them.