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

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patitoy


Arresto Menor
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!



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arsonist24


Arresto Menor
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.

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