Legal Definitions - enclosure (inclosure)

In legal terms, an enclosure refers to any visible boundary, whether natural or man-made, that clearly marks and limits access around a specific piece of land. It serves as a physical or observable demarcation of an area, indicating an intent to control or possess that particular space.

The concept of an enclosure is particularly important in claims of adverse possession. In such cases, someone attempting to claim ownership of land that legally belongs to another must demonstrate that they have openly and continuously occupied the land. A key part of this demonstration is showing that they have established an enclosure that visibly defines the boundaries of the land they are claiming. This marker must be clear enough to show a reasonable observer the extent of the claimed area and the claimant's intention to possess it.

Here are some examples illustrating what constitutes an enclosure:

• Natural Boundary: Imagine a situation where a property owner has consistently treated a naturally occurring, steep rock face or a winding creek as the definitive edge of their land for many years. They regularly clear debris up to this feature, maintain vegetation on their side, and prevent others from crossing it onto their claimed property.

  Explanation: In this scenario, the rock face or creek acts as a natural enclosure. It provides a clear, visible, and continuous boundary that delineates the extent of the land the owner intends to claim, effectively limiting access beyond it and demonstrating their assertion of control.

• Landscaped Boundary: Consider a homeowner who, for decades, has meticulously planted and maintained a continuous, dense row of mature evergreen trees and ornamental shrubs along what they believe to be their property line, separating their manicured lawn from an adjacent undeveloped lot. This living barrier is regularly pruned and cared for.

  Explanation: This carefully planted and maintained line of trees and shrubs serves as an artificial enclosure. It creates a distinct, visible barrier that clearly marks the perimeter of the land the homeowner claims, demonstrating their long-standing intention to possess and control the area up to that specific boundary.

• Boundary by Maintenance: A family has consistently mowed and maintained a specific rectangular section of grass on what was originally an unused, overgrown parcel of land for over twenty years. The regularly mowed area ends abruptly at a distinct, unmowed, and wilder section, creating a sharp, visible line between the two areas.

  Explanation: The consistently maintained and mowed edge, sharply contrasting with the unkempt adjacent land, functions as an artificial enclosure. It visually marks the precise extent of the land the family has openly and continuously treated as their own, clearly indicating their intent to claim that specific parcel.