Legal Definitions - breaking a close

The term breaking a close refers to the act of unlawfully entering or intruding upon another person's private land without permission. Historically, a "close" referred to an enclosed piece of land, often marked by fences, hedges, or other boundaries. Therefore, "breaking a close" meant violating these boundaries by unauthorized entry. In modern legal terms, it is essentially a form of trespass.

Here are some examples to illustrate this concept:

• Imagine a homeowner, Mr. Henderson, who has a clearly fenced backyard. His neighbor, Ms. Davies, decides to take a shortcut through Mr. Henderson's yard to get to the street, even though there's no gate or path for public use. Ms. Davies's action of stepping onto Mr. Henderson's private, enclosed property without his permission constitutes breaking a close. She has unlawfully intruded upon his land.

• Consider a situation where a group of teenagers are playing soccer in a public park. Their ball accidentally rolls into the adjacent private garden of Mrs. Chen, which is surrounded by a low wall and clearly marked with "Private Property" signs. One of the teenagers climbs over the wall to retrieve the ball without seeking Mrs. Chen's permission. This act of entering Mrs. Chen's private garden without authorization is an example of breaking a close, as it is an unauthorized entry onto her enclosed property.

• A rural landowner, Farmer McGregor, has several acres of agricultural land, clearly delineated by boundary markers and "No Trespassing" signs. A group of hikers, intending to find a scenic view, decide to leave the designated public trail and cut across Farmer McGregor's fields, ignoring the signs. Their unauthorized entry onto Farmer McGregor's private, enclosed farmland, even if no damage is done, is considered breaking a close because they have intruded upon his property without legal right or permission.