is the yard or gate part of dwelling as defined in trespass to dwelling?

patitoy

patitoy

Arresto Menor

Posts : 20
Join date : 03/03/2011
Age : 46

A entered the enclosed estate of B, it is a compund with two houses inside the fenced premises. B maintains that the gate was locked and did not consent to A's entry thereof. Allegedly,by climbing over the fence/gate A gained entry to the property. A made it only through the yard between the houses and after the gate.

1. Is A liable for trespass to dwelling?

2. Does the gate and yard part of dwelling?

many thanks!

arsonist24

arsonist24

Arresto Menor

Posts : 3
Join date : 03/05/2012

according to art. 128 of the RPC (2011 edition), it is considered as other forms of tresspass; 'any person who shall enter the closed premises or the fenced estate of another, while either of them is uninhabited shall be punishable by arresto menor. so A is liable and the gate and fence is part of the dwelling.

is the yard or gate part of dwelling as defined in trespass to dwelling?

1 is the yard or gate part of dwelling as defined in trespass to dwelling? Thu Apr 19, 2012 10:51 am

patitoy

2 Re: is the yard or gate part of dwelling as defined in trespass to dwelling? Sat May 05, 2012 6:56 pm

arsonist24