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The term "dwelling" generally refers to a place where people live, such as a house, apartment, or any structure intended for human habitation. The specific definition can vary based on context, particularly in legal terms. In real estate, a dwelling encompasses not only the main structure but also any attached buildings. In criminal law, it refers to any enclosed space used for living, including tents or mobile homes.
Table of content
Legal Use & context
Real Estate: In real estate transactions, the definition of a dwelling is crucial for property listings and sales.
Criminal Law: The term is often used in laws relating to burglary, trespassing, and self-defense, where the definition of a dwelling can affect legal outcomes.
Family Law: In custody cases, the type of dwelling may influence living arrangements and stability for children.
Users can manage related legal processes using templates from US Legal Forms, which provide ready-to-use documents drafted by attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A family lives in a single-family home with a garage. The home and garage are considered a dwelling under real estate law.
Example 2: A person is charged with burglary for entering a mobile home that is used as a residence. The mobile home qualifies as a dwelling under criminal law.
Relevant laws & statutes
Key statutes defining "dwelling" include:
N.C. Gen. Stat. § 160A-442: Defines a dwelling as any building or structure used for human habitation, including appurtenances.
N.C. Gen. Stat. § 53-244.030: Describes a dwelling as a residential structure with one to four units, including condominiums and manufactured homes.
Oregon law defines a dwelling as a building regularly occupied by a person for lodging at night.
State-by-state differences
Examples of State Differences (not exhaustive)
State
Definition of Dwelling
North Carolina
Includes any building or structure used for human habitation, excluding seasonal vacation homes.
Oregon
Defined as a building occupied for lodging, regardless of whether a person is present.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Residence
A broader term that can include any place where a person lives, not necessarily a legal dwelling.
Abode
Similar to dwelling, but often used in a more informal context.
Common misunderstandings
What to do if this term applies to you
If you believe the term "dwelling" applies to your situation, consider the following steps:
Identify the legal context in which the term is relevant (e.g., real estate, criminal law).
Consult local statutes to understand how "dwelling" is defined in your state.
Use US Legal Forms to access templates for any necessary legal documents.
If your situation is complex, seek advice from a legal professional.
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