In law, a dwelling (also known as a residence or an abode) is a self-contained unit of accommodation used by one or more

households A household consists of two or more persons who live in the same dwelling. It may be of a single family or another type of person group. The household is the basic unit of analysis in many social, microeconomic and government models, and is impo ...

as a home - such as a house, apartment,

mobile home A mobile home (also known as a house trailer, park home, trailer, or trailer home) is a prefabricated structure, built in a factory on a permanently attached chassis before being transported to site (either by being towed or on a trailer). Us ...

houseboat A houseboat is a boat that has been designed or modified to be used primarily as a home. Most houseboats are not motorized as they are usually moored or kept stationary at a fixed point, and often tethered to land to provide utilities. How ...

, vehicle, or other "substantial" structure. The concept of a dwelling has significance in relation to

search and seizure Search and seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and confiscat ...

conveyancing In law, conveyancing is the transfer of legal title of real property from one person to another, or the granting of an encumbrance such as a mortgage or a lien. A typical conveyancing transaction has two major phases: the exchange of contracts ...

real property In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or affixe ...

, burglary,

trespass Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding ...

, and

land-use planning Land use planning is the process of regulating the use of land by a central authority. Usually, this is done to promote more desirable social and environmental outcomes as well as a more efficient use of resources. More specifically, the goals ...

Legal definitions

Legal definitions vary by

jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jur ...

'Dwelling' (England and Wales)

Under

English law English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, be ...

, a dwelling is defined as a self-contained 'substantial' unit of accommodation, such as a building, part of a building, caravan, houseboat or other mobile home. A tent is not normally considered substantial.

'Dwelling' (North Carolina)

According to

North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...

General Statute § 160A-442, "Dwelling" means any building, structure, manufactured home or mobile home, or part thereof, used and occupied for human habitation, or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith, except that it does not include any manufactured home or mobile home, which is used solely for a seasonal vacation purpose." According to N.C. Gen. Stat. § 53-244.030, "Dwelling" means a residential structure that contains one to four units, whether or not that structure is attached to real property. The term includes an individual condominium unit, cooperative unit, manufactured home, mobile home, or trailer if it is used as a residence. Under the Oregon law, a "dwelling" is defined as a "building which regularly or intermittently is occupied by a person lodging therein at night, whether or not a person is actually present." The United States v. Adams, 2009 U.S. App. LEXIS 25866 (9th Cir. Or. 25 November 2009)

'Habitual residence' (international law)

In international conventions, a person can have only one

habitual residence In conflict of laws, habitual residence is the standard used to determine the law which should be applied to determine a given legal dispute or legal entitlement. It can be contrasted with the law on domicile, traditionally used in common law juris ...

, being the place where the individual ordinarily resides and routinely returns to after visiting other places for a reasonably significant period of time. It is used to determine the law which should be applied to determine a given legal dispute. The

Hague Conference on Private International Law The Hague Conference on Private International Law (HCCH) is an intergovernmental organisation in the area of private international law (also known as ''conflict of laws''), that administers several international conventions, protocols and soft ...

has deliberately refrained from offering a definition so that the concept may be flexible and adaptable to practical requirements.

'Inhabited dwelling' (Various US states)

In California,

California Penal Code The Penal Code of California forms the basis for the application of most criminal law, criminal procedure, penal institutions, and the execution of sentences, among other things, in the American state of California. It was originally enacted ...

§ 246 refers to the discharging of a firearm at an inhabited dwelling house. This

statute A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...

specifies that a "dwelling" (more commonly referred to as a house) is "inhabited" if a person lives in it; it is irrelevant whether anyone is present. A house, building, or structure is not considered "inhabited" or "occupied" if the occupants have moved out or vacated and do not intend to return, even if the personal property was left behind. Therefore, it would no longer be considered a dwelling for legal purposes, which from a defense standpoint, would negate a conviction under this code. For

prosecutor A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the ...

s, it is advantageous to construe these terms loosely in order to secure as many convictions as possible for violation of this code. Examples of loose interpretation exist not only in California but also in other states such as

Colorado Colorado (, other variants) is a state in the Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of t ...

where a similar statute (Colorado Code § 18-1-901(3)(g)) applies in cases even when a shooting at a detached garage that does not traditionally constitute a dwelling or house. However, per

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...

, courts in both of these states and others have held that it does qualify as an occupied building for purposes of a criminal conviction.

The 'curtilage' (boundary) of a dwelling

In law, the

curtilage In common law, the curtilage of a house or dwelling is the land immediately surrounding it, including any closely associated buildings and structures, but excluding any associated " open fields beyond". In feudal times every castle with its depen ...

of a dwelling is the land immediately surrounding it, including any closely associated buildings and structures. It delineates the boundary within which a homeowner can have a

reasonable expectation of privacy Expectation of privacy is a legal test which is crucial in defining the scope of the applicability of the privacy protections of the Fourth Amendment to the United States Constitution. It is related to, but is not the same as, a ''right to privacy ...

with particular relevance to

, burglary,

, and

land use planning Land use planning is the process of regulating the use of land by a central authority. Usually, this is done to promote more desirable social and environmental outcomes as well as a more efficient use of resources. More specifically, the goals ...

. In urban properties, the location of the curtilage may be evident from the position of fences, walls, and similar; within larger properties, it may be a matter of some legal debate as to where the private area ends and any " open fields beyond".

References

External links

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