We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
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
Legal Use & context
Breach of close is primarily used in civil law, particularly in cases involving property disputes. It is relevant in situations where a landowner seeks to protect their property rights against unauthorized intrusions. Individuals may manage such issues using legal templates available through platforms like US Legal Forms, which can help them file complaints or take other legal actions.
Key legal elements
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.
Common misunderstandings
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.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.