{"id":15816,"date":"2018-05-09T17:52:47","date_gmt":"2018-05-09T17:52:47","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=15816"},"modified":"2018-08-26T03:39:40","modified_gmt":"2018-08-26T03:39:40","slug":"forcible-entry-and-detainer","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=15816","title":{"rendered":"forcible entry (and detainer) – entry upon real property peaceably in the possession of another, against his will, without\u00a0authority of law, by actual force or threat of potentially employing force"},"content":{"rendered":"

\u00a0 \u00a0 \u00a0This page is continued from Criminal Law Self-Help<\/a> >>>> Types of Crimes and Corresponding Laws<\/a> >>>> Trespass<\/a>:<\/span><\/strong><\/p>\n

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forcible entry<\/span>:<\/span><\/strong><\/span>
\n (17c)<\/span><\/p>\n

1. The act or an instance of violently and unlawfully taking possession of lands and tenements against the will of those in lawful possession.<\/span><\/strong><\/p>\n

2. The act of entering land in another’s possession by the use of force against another or by breaking into the premises.<\/strong> [1]<\/span><\/p>\n

1. An entry by breaking doors to make an arrest or a search of premises. 5 Am J2d Arr\u00a0\u00a7\u00a7 86, 87<\/span>.\u00a0<\/span><\/strong><\/p>\n

An entry with at least some degree of actual force, for the purpose of committing a felony. 13 Am J2d Burgl\u00a0\u00a7\u00a7 11, 12<\/span>.<\/span><\/strong><\/p>\n

An entry on real property peaceably in the possession of another, against his will, <\/b>without<\/b><\/span>\u00a0authority of law, by actual force, or with such an array of force and apparent intent to employ it for the purpose of\u00a0<\/b>overcoming<\/b><\/span>\u00a0resistance, that the occupant, in yielding and permitting possession to be taken from him, must be regarded as acting from a well-founded apprehension that resistance by him would be perilous or unavailing. 35 Am J2d Forc E & D\u00a0\u00a7 1<\/span>.\u00a0<\/b>[2]<\/span><\/span><\/p>\n

1. An entry into a house or other structure with at least some force.<\/span><\/strong>
\n\u00a0 \u00a0 \u00a0See breaking<\/em>; breaking and entering<\/em>; burglary<\/em>.<\/span><\/p>\n

2. An entry on real property which is in the possession of another person, without her consent and by actual force or threats by force, causing her to surrender possession of the property.\u00a0<\/span><\/strong>
\n\u00a0 \u00a0 \u00a0Compare\u00a0trespass.\u00a0<\/em>[3]<\/span><\/p>\n

forcible entry and detainer<\/span>:<\/span><\/strong><\/span>
\n (17c)<\/span><\/p>\n

1. The act of violently taking and keeping possession of lands and tenements without legal authority.<\/strong> [1]<\/span><\/p>\n

1. A common-law offense against the public peace committed by violently taking or keeping possession of lands and tenements, with menaces, force and arms, and without the authority of law. 4 Bl Comm 148<\/span>.<\/span><\/strong><\/p>\n

A remedy to obtain restitution to possession of one turned or kept out of possession of real property by strong hand, violence, or terror. 35 Am J2d Force E & D\u00a0\u00a7 5<\/span>.<\/strong> [2]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from Rollin M. Perkins & Ronald N Boyce’s\u00a0Criminal Law<\/span><\/a>\u00a0<\/em>487-88 (3d ed. 1982):<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0“To walk across another’s land, or to enter his building, without privilege, is a trespass, but this in itself, while a civil wrong, is not a crime.\u00a0 However, if an entry upon real estate is accomplished by violence or intimidation, or it such methods are employed for detention after a a peaceable entry, there is a crime according to English law, known as forcible entry and detainer.\u00a0 This was a common-law offense in England, although supplemented by English statutes that are old enough to be common law in this country….\u00a0 It has sometimes been said that there are two separate offenses \u2014<\/span><\/span><\/strong><\/p>\n

(1) forcible entry and<\/span><\/strong><\/span>
\n (2) forcible detainer.\u00a0 <\/span><\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0This may be true under the peculiar wording of some particular statute, but in general it seems to be one offense which may be committed in two different ways.<\/span>\u201d<\/strong> [4]<\/span><\/p>\n

2. A quick and simple legal proceeding for regaining possession of real proper<\/strong>ty from someone who has wrongfully taken, or refused to surrender, possession.\u00a0<\/strong> Abbr. FED<\/strong><\/em><\/span>. \u2014 aka forcible detainer<\/span><\/strong><\/em>.\u00a0 See EVICTION; EJECTMENT.<\/span><\/span><\/p>\n

\n

\u00a0 \u00a0 \u00a0\u201cForcible entry and detainer is a remedy given by statute for the recovery of possession of land and of damages for its detention. it is entirely regulated by statute, and the statutes vary materially in the different states.<\/span>\u201d<\/strong> [5]<\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is compiled in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Black’s Law Dictionary <\/a><\/span><\/strong>Deluxe<\/b><\/span><\/a><\/em> Tenth<\/b><\/span><\/a><\/em> Edition<\/b><\/span><\/a><\/em> by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4 <\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law <\/a><\/span><\/strong>Dictionary\u00a0<\/b><\/span><\/a><\/strong>with<\/b><\/span><\/a><\/em> Pronunciations<\/b><\/span><\/a><\/em> Third Edition<\/a>\u00a0by James A. Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a><\/span><\/strong>Legal<\/b><\/span><\/a><\/em> Assistant<\/b><\/span><\/a><\/em> Edition<\/b><\/span><\/a><\/em>
\nby Jack Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Doctored<\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/span><\/strong><\/p>\n

[4]:\u00a0Rollin M. Perkins & Ronald N Boyce’s\u00a0Criminal Law<\/span><\/a>\u00a0<\/em>487-88 (3d ed. 1982)<\/span><\/span><\/strong><\/p>\n

[5]:\u00a0Benjamin J. Shipman, Handbook of Common-Law Pleading<\/em><\/a> \u00a7 74, at 188 (Henry Winthrop Ballantine ed., 3d ed. 1923).<\/span><\/span><\/strong><\/p>\n

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