curtilage


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Curtilage

The area, usually enclosed, encompassing the grounds and buildings immediately surrounding a home that is used in the daily activities of domestic life.

A garage, barn, smokehouse, chicken house, and garden are curtilage if their locations are reasonably near to the home. The determination of what constitutes curtilage is important for purposes of the Fourth Amendment to the Constitution, which prohibits unreasonable searches and seizures of a person and of his or her home or property. Courts have construed the word home to include curtilage so that a person is protected against unlawful searches and seizures of his or her curtilage.

curtilage

noun court, courtyard, enclosure, fenced, garden, land, yard

curtilage

a courtyard. An open space within a common enclosure belonging to a house.

CURTILAGE, estates. The open space situated within a common enclosure belonging to a dwelling-house. Vide 2 Roll, Ab. 1, l. 30; Com. dig. Grant, E 7, E 9; Russ. & Ry. 360; Id. 334, 357; Ry & Mood. 13; 2 Leach, 913; 2 Bos. & Pull. 508; 2 East, P. C. 494; Russ. & Ry. 170, 289, 322; 22 Eng. Com. Law R. 330; 1 Ch. Pr. 175; Shep. Touchs. 94.

References in periodicals archive ?
Riley(21) because the police remained in navigable airspace, and the observation was physically nonintrusive because there was no "invasion of the home or curtilage.
2) This article explores the limits of the protection afforded the curtilage.
The turbine, he said, would be located on farmland beyond the curtilage of the dwelling and the farmyard itself.
Submitted by Nigel Wolstenholme at Hoplands House in King's Somborne, the plan involve building a replacement west wing and expanding the residential curtilage to include the site of the old wine store at the property, which is to the south-east of the village and near the old Roman road that connected Winchester with Salisbury.
Application ref: R/2012/0463/CA Validation Date: July 6 Address: Land adjacent to 6 Chapel Row, Loftus TS13 4HR Proposal: Change of use of open land into extension of residential curtilage.
I WOULD just like to inform the people of Whitchurch that the owner of The Pines Dental Surgery, Heol-Y-Forlan, has applied for renewal of planning permission to convert the Grade II listed Pines mansion house (now The Pines Dental Surgery) into four one bedroom flats and to build seven houses in two blocks on the curtilage.
Hurstwood, variation of condition 4 on previ-|ous permission for demolition of mill and outbuildings and building of 23 townhouses and apartments with garages (partly within curtilage of a listed building), Albion Mill Housing, Mill Moor Road, Meltham.
the curtilage and uncovered portions of residences are at issue, in the
NORTH Tyneside Council's Building Design Agency is seeking planning permission for the creation of a new road access, pedestrianisation of part of the highway to create a cul-de-sac, new timber fencing to curtilage, and tree planting in Palmersville.
Honiley Hall, Honiley, change of use from vacant land to part of residential curtilage of replacement home.
Unlike the common perception of an open field, the legal definition of an "open field," in most states and under federal law, may be as broad as any area outside the curtilage of a home.