Legal Definition and Related Resources of Curtilage

The courtyard, garden or enclosed space of ground in buildings immediately surrounding a dwelling house . Originally, the term referred to land and outbuildings immediately adjacent to a castle that were in turn surrounded by a high stone wall; today, its meaning has been extended to include any land or building immediately adjacent to a dwelling and usually it is enclosed some way by a fence or shrubs. U.S. v Romano, (D.C.Pa.) 388 F. Supp. 101.

The inclosed space immediately surrounding a dwelling house, contained within the same inclosure. It is defined by Blount as a yard, backside, or piece of ground near a dwelling house, in which they sow beans, etc., yet distinct from the garden. Blount; Spelman. By others it is said to be a waste piece of ground so situated. Cowell. It has recently been defined as “a fence or inclosure of a small piece of land around a dwelling house, usually including the buildings occupied in connection with the dwelling house, the inclosure consisting either of a separate fence, or partly of a fence and partly of the exterior of buildings so within this inclosure.” 10 Cush. (Mass.) 480. The term is used in determining whether the offense of breaking into a barn or warehouse is burglary. See 4 Bl. Comm. 224; 1 Hale, P. C. 558; 2 Russ. Crimes, 13; 1 Russ. Crimes, 790; Russ. & R. 289; 1 Car. & K. 84; 10 Cush. (Mass.) 480. In Michigan the meaning of curtilage has been extended to include more than an inclosure near the house. 2 Mich. 250.

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Curtilage in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Curtilage in Historical Law in the Encyclopedia of Law.

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This definition of Curtilage is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Vocabularies (Semantic Web Information)

Curtilage in the Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims

1. Originally, the land with the castle and out-houses, inclosed often with high walls, where the old barons sometimes held court in the open air. Whence court-yard. 2. The court-yard in the front or rear of a house, or at its side; any piece of ground lying near, inclosed, used with, and necessary for the convenient occupation of the house, People v. Gedney, 10 Hun 151 (1877). A fence or inclosure of a small piece of land around a dwelling-house, usually including the buildings occupied in connection with the dwelling-house, the inclosure consisting of either a separate fence or partly of a fence and partly of the exterior of buildings so within the inclosure, 140 Mass. 289.

Note: This legal definition of Curtilage in the Dictionary of Law (English and American Jurisprudence) is from 1893.

Curtilage in Law Enforcement

Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of curtilage.

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See Also

• Law Enforcement Officer
• Policeman
• Law Enforcement Agency

Further Reading

• curtilage in A Dictionary of Law Enforcement (Oxford University Press)
• curtilage in the Encyclopedia of Law Enforcement
• A Treatise on the Police of the Metropolis

Curtilage is the immediate, enclosed area surrounding a house or dwelling. In the U.S., see the case of the Supreme Court “United states v. Dunn”, 480 U.S. 294 (1987).

Curtilage is the immediate, enclosed area surrounding a house or dwelling. In the U.S., see the case of the Supreme Court “United States v. Dunn”, 480 U.S. 294 (1987).

Concept of “Curtilage”

Traditional meaning of curtilage in the French law history (with some legal use in England and the United States in the XIX Century) [1]: (in French) The enclosed land about a dwelling, and necessary for the convenient occupation of the house; see 10 Hun, 154; 4th Book (“Of Public Wrongs”), Blackstone’s Commentaries on the Laws
of England 224. A court yard.

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Notes and References

1. Based on A Concise Law Dictionary of Words, Phrases and Maxims, “Curtilage”, Boston: Little, Brown, and Company, 1911, United States. It is also called the Stimson’s Law dictionary. This term and/or definition may be absolete.

See Also

Curtilage