Breach of Close: What It Means and Its Legal Implications

Definition & Meaning

The term breach of close refers to a legal concept in common law that describes the unlawful entry onto another person's land. This unauthorized entry is also known as trespassing. Essentially, when someone breaks a close, they violate the property rights of the landowner, which can lead to legal consequences.

Table of content

Real-world examples

Here are a couple of examples of abatement:

Here are a couple of examples of breach of close:

  • A neighbor walks onto your property to retrieve a ball without asking for permission. This is considered a breach of close.
  • A construction crew mistakenly enters your land to access a nearby site without your consent (hypothetical example).

State-by-state differences

Examples of state differences (not exhaustive):

State Key Difference
California Allows for punitive damages in cases of willful trespass.
Texas Requires proof of actual damages for a claim to be valid.
New York Recognizes both intentional and negligent trespass.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Difference
Trespass Unauthorized entry onto someone else's property. Breach of close is a specific type of trespass focusing on land.
Encroachment Intrusion onto another's property, often involving structures. Encroachment typically involves physical structures, while breach of close can be any unauthorized entry.

What to do if this term applies to you

If you believe someone has breached your close, consider the following steps:

  • Document the incident, including dates and any witnesses.
  • Contact the individual to request they cease their unauthorized entry.
  • If necessary, consult a legal professional or use legal templates from US Legal Forms to understand your options.

Quick facts

Attribute Details
Typical Fees Varies by state and legal representation.
Jurisdiction Civil courts in the relevant state.
Possible Penalties Compensation for damages, legal fees.

Key takeaways

Frequently asked questions

Document the incident and contact the trespasser to ask them to leave. If the issue persists, consider seeking legal advice.