Legal Definitions - quod permittat prosternere

Term: Quod permittat prosternere
Definition: Quod permittat prosternere is a legal term that refers to a writ used to abate a nuisance. It is similar to a petition of right. This writ was abolished by the Real Property Limitation Act of 1833. Example: If someone builds a fence that blocks your driveway, you can use quod permittat prosternere to force them to remove the fence. The writ commands the defendant to allow the plaintiff to abate the nuisance. If the defendant does not comply, they will be summoned to appear in court and explain why they will not. The plaintiff can then obtain a judgment to abate the nuisance and recover damages against the defendant. This legal term is not commonly used today, but it was an important tool for property owners in the past. It allowed them to protect their property rights and seek justice when someone else's actions caused a nuisance.