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.