forcible entry


forcible entry
At common law, violently taking possession of lands and tenements with menaces, force, and arms, against the will of those entitled to the possession, and without the authority of law. 4 Bl.Comm. 148.
Entry accompanied with circumstances tending to excite terror in the occupant, and to prevent him from maintaining his rights. Barbee v. Winnsboro Granite Corporation, 190 S.C. 245, 2 S.E.2d 737, 739.
Angry words and threats of force may be sufficient. Calidino Hotel Co. of San Bernardino v. Bank of America Nat. Trust & Savings Ass'n, 31 Cal.App.2d 295, 87 P.2d 923, 931.
Every person is guilty of forcible entry who either
(1) by breaking open doors, windows, or other parts of a house, or by any kind of violence or circumstance of terror, enters upon or into any real property; or
(2) who, after entering peaceably upon real property, turns out by force, threats, or menacing conduct the party in possession. Code Civil Proc.Cal. No. 1159.
In many states, an entry effected without consent of rightful owner, or against his remonstrance, or under circumstances which amount to no more than a mere trespass, is now technically considered "forcible," while a detainer of the property consisting merely in the refusal to surrender possession after a lawful demand, is treated as a "forcible" detainer, the "force" required at common law being now supplied by a mere fiction.
- process (summary process)

Black's law dictionary. . 1990.

Look at other dictionaries:

  • forcible entry — n 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 …   Law dictionary

  • Forcible entry — is defined by Mirriam Webster s Dictionary of Law as the unlawful taking of possession of real property by force or threats of force or unlawful entry into or onto another s property, especially when accompanied by force . [cite book… …   Wikipedia

  • forcible entry — forcible detainer or forcible entry noun Taking property into custody or forcing an entry into it by violence or intimidation • • • Main Entry: ↑force …   Useful english dictionary

  • forcible entry. — forcible entry. n. The taking of or entry onto property using unlawful or illegal force, or any entry done without consent of occupier or owner. Webster s New World Law Dictionary. Susan Ellis Wild. 2000 …   Law dictionary

  • forcible entry — At common law, violently taking possession of lands and tenements with menaces, force, and arms, against the will of those entitled to the possession, and without the authority of law. 4 Bl.Comm. 148. Entry accompanied with circumstances tending… …   Black's law dictionary

  • forcible entry — An entry by breaking doors to make an arrest or a search of premises. 5 Am J2d Arr §§ 86, 87. An entry, with at least some degree of actual force, for the purpose of committing a felony. 13 Am J2d Burgl §§ 11, 12. An entry on real property… …   Ballentine's law dictionary

  • forcible entry — Seizing and holding of a military lodgment in the face of armed opposition. See also lodgment …   Military dictionary

  • forcible entry — /fɔsəbəl ˈɛntri/ (say fawsuhbuhl entree) noun the criminal offence of entering with threats, force, etc., and taking possession of land or tenements …   Australian English dictionary

  • forcible entry and detainer — n 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 Merriam Webster’s Dictionary of Law. Merriam Webster …   Law dictionary

  • Forcible entry and detainer — Forcible For ci*ble, a. [Cf. OF. forcible forcible, forceable that may be forced.] 1. Possessing force; characterized by force, efficiency, or energy; powerful; efficacious; impressive; influential. [1913 Webster] How forcible are right words!… …   The Collaborative International Dictionary of English