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Forcible entry training using a Halligan bar. Forcible entry is "the unlawful taking of possession of real property by force or threats of force or unlawful entry into or onto another's property, especially when accompanied by force". [1] The term is also sometimes used for entry by military, police, or emergency personnel, also called breaching.
Depending on the laws of the jurisdiction, eviction may also be known as unlawful detainer, summary possession, summary dispossess, summary process, forcible detainer, ejectment, and repossession, among other terms. Nevertheless, the term eviction is the most commonly used in communications between the landlord and tenant.
Attempted forcible entry into a property is also classified as burglary, in the FBI's Uniform Crime Reports (UCR) definition. As of 1999, there were 1.4 million residential burglaries reported in the United States, which was a record low number, not seen since 1966. [5] Though, up to 50% of burglaries are not reported to the police. [5]
It also authorised any justice of the peace, who had received a complaint that such a forcible entry had been committed, to take the power of the county to arrest any person found committing forcible detainer after that forcible entry. The whole Chapter was repealed [3] for England and Wales [4] on 1 December 1977. [5]
In legal usage, a possessory action may refer to: An action brought to recover possession of property. An action to recover possession of real estate, such as ejectment or forcible entry and detainer. An action to recover possession of personal property, such as replevin.
The Forcible Entry Act 1381 (5 Ric. 2 Stat. 1. c. 7) was an Act of the Parliament of the Kingdom of England. It created a statutory offence of forcible entry which superseded the common law offence. [3] It is written in the Anglo-Norman language.
A castle doctrine, also known as a castle law or a defense of habitation law, is a legal doctrine that designates a person's abode or any legally occupied place (for example, an automobile or a home) as a place in which that person has protections and immunities permitting one, in certain circumstances, to use force (up to and including deadly force) to defend oneself against an intruder, free ...
The "polestar" of regulatory takings jurisprudence is Penn Central Transp. Co. v.New York City (1973). [3] In Penn Central, the Court denied a takings claim brought by the owner of Grand Central Terminal following refusal of the New York City Landmarks Preservation Commission to approve plans for construction of 50-story office building over Grand Central Terminal.