Forcible Entry - Law Dictionary Search Results
Home Dictionary Name: forcible entryForcible entry
Forcible entry is the entering upon any land or tenement with a strong hand, or in a violent manner, in order to take possession. There may be a forcible entry although no actual force is used, as, for example, when threats are made or an unusual number of persons collected. Forcible entry was permissible at Common Law in certain cases, e.g., when the rightful owner had been wrongfully deprived of possession, but it was absolutely pro-hibited by the Statutes of Forcible Entry (5 Rich. 2, c. 7; 15 Rich. 2, c. 2; 8 Hen. 6, c. 9), which make forcible entries punishable with imprisonment. The first of these statues provides that 'none shall make entry into any lands or tenements, but in case where entry is given bylaw, and in such case not with strong hand nor with multitude of people, but only in a peaceable and easy manner.' A forcible entry by a person entitled to possession, though indictable, does not give rise to civil responsibility in damages. See Hemmings v. Stoke Poges Golf Club,...
forcible entry
forcible entry 1 : the unlawful taking of possession of real property by force or threats of force against the lawful possessor see also forcible entry and detainer 2 : unlawful entry into or onto another's property esp. when accompanied by force [forcible entry of an automobile] ...
forcible entry and detainer
forcible entry and detainer 1 : the forcible entry upon and keeping of real property without authority of law 2 : the statutory proceeding to regain possession of real property taken through a forcible entry and detainer ...
force
force 1 : a cause of motion, activity, or change intervening force : a force that acts after another's negligent act or omission has occurred and that causes injury to another : intervening cause at cause irresistible force : an unforeseeable event esp. that prevents performance of an obligation under a contract : force majeure 2 : a body of persons available for a particular end [the labor ] ;specif : police force usually used with the 3 : violence, compulsion, or constraint exerted upon or against a person or thing constructive force : the use of threats or intimidation for the purpose of gaining control over or preventing resistance from another dead·ly force : force that is intended to cause or that carries a substantial risk of causing death or serious bodily injury compare nondeadly force in this entry NOTE: As a general rule, deadly force may be used without incurring criminal or tort liability when one reasonably believes that one's life or safety is in da...
Detainer
Detainer, forcible. See FORCIBLE ENTRY.Unlawful. The wrongful keeping of a person's goods, although the original taking may have been lawful. As if I distrain another's cattle, damage feasant, and before they are impounded he tenders me sufficient amends; now, though the original taking was lawful, my subsequent detention of them, after tender of amends, is not lawful, and he shall have an action of replevin against me to recover them, in which he shall recover damages for the detention, and not for the caption, because the original taking was lawful, 3 Steph. Com., and see DETINUE.Writ of, one of the five forms of process prescribed by the 2 Wm. 4, c. 39, s. 1, for the commencement of a personal action against a person already in the prison of one of the courts. Superseded by 1 & 2 Vict. c. 110, ss. 1, 2.A process lodged with the sheriff against a person in his custody was called a detainer; the officer, therefore, always searched the sheriff's office to see if there were any detainer...
Dispossessed
Dispossessed, the word 'dispossessed' in the second proviso means to be out of possession, removed from the premises, ousted, ejected or excluded. Even where a person has a right to possession but taking the law into his hands make' a forcible entry otherwise than in due course of law, it would be a case of both forcible and wrongful dispossession, R.H. Bhutani v. Man J. Desai, AIR 1968 SC 1444 (1449). [Criminal Procedure Code (1898), s. 145(4) and Proviso 2 and, (6)]...
knock and announce rule
knock and announce rule : a rule of criminal procedure requiring that police announce their authority and purpose before entering a premises in execution of a search or arrest warrant unless special circumstances (as risk of harm to the police) warrant unannounced or forcible entry compare exigent circumstances no-knock search warrant at warrant ...
Ouster
Ouster, dispossession.A wrong or injury that may be sustained in respect of hereditaments, corporeal or incorporeal, carry-ing with it the deprivation of possession; for thereby the wrongdoer gets into the actual occupation of the land or hereditament, and obliges him that has a right to seek his legal remedy in order to gain possession and damage for the injury sustained. Such dispossession may be either of the freehold or of chattels real.Ouster of the freehold was effected by various methods: 1, abatement; 2, intrusion; 3, disseisin; 4, discontinuance; and 5, deforcement.Ouster of chattels real consists: 1st, of a motion of possession from estates held by statute, recogni-zance, or elegit, which happens by a species of disseisin or turning out of the legal proprietor before his estate is determined, by raising the sum for which it is given to him in pledge; and 2nd, of a motion of possession from an estate of years, which takes place by a like kind of disseisin, ejection, or turning...
Possession is nine points of the law
Possession is nine points of the law. This adage is not to be taken to be true to the full extent, so as to mean that the person in possession can only be ousted by one whose title is nine times better than his; but it places in a stronger light the legal truth that every claimant must succeed by the strength of his own title and not by the weakness of his antagonists. For instance, if the claimant be able to show a descent from the grantor of the estate, perfect except in one link of the chain, and the man in possession be a perfect stranger, the latter shall keep the estate; and so, also, if the claimant be a natural son of the last owner and adopted by him, and declared by him to be designed as his heir, yet if he dies without making a will in his favour, a stranger in possession has a better title. In Beddall v. Maitland, (1881) 17 Ch D p. 183, Sir Edward Fry, speaking of the statute 5 Rich. 2, stat. 1, c. 8, which makes a forcible entry an indictable offence, says: 'This statute c...
Entry
Entry, the depositing of a document in the proper office or place; actual entry on land is necessary to constitute a seisin in deed, and is necessary in certain cases, as, e.g., to perfect a common-law lease.When a person without any right has taken posses-sion of land, the party entitled may make a formal but peaceable entry, which is quite an extra judicial and summary remedy, on such lands, declaring that thereby he takes possession, which notorious act of ownership is equivalent to a feudal investiture by the lord; or he may enter on any part of it in the same county, declaring it to be in the name of the whole; but if it lie indifferent counties, he must make different entries. This remedy by entry takes place in three only of the five species of ouster-viz., abatement, intrusion, and disseisin; for as in these the original entry of the wrongdoer was unlawful, they may therefore be remedied by the mere entry of him who has right. But upon a discontinuance or deforcement, the owner...
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