Legal Definitions - exclude

The term "exclude" in a legal context refers to the act of preventing someone from entering, using, or occupying property or a space over which one has legal control. This action stems from a fundamental legal principle known as the right to exclude, which is a core component of property ownership.

The right to exclude grants a property owner the authority to determine who may or may not access their property. This right is not absolute and can be limited by certain laws (e.g., public access laws for businesses, emergency services access, or easements), but it generally empowers owners to control their land, buildings, or even intellectual creations.

When an owner "excludes" someone, they are actively exercising this right, either by setting conditions for entry, denying access, or removing individuals who are present without permission.

Here are some examples illustrating the concept of "exclude":

• Residential Property: Imagine a homeowner who discovers an unfamiliar car parked in their private driveway. The homeowner places a note on the windshield asking the driver to move the vehicle and, if it remains, calls a tow truck. In this scenario, the homeowner is excluding the unauthorized vehicle from their private property by taking steps to have it removed. This action directly demonstrates their exercise of the right to control who uses their private land.

• Commercial Property: Consider a private art gallery that has a policy stating "No photography allowed." A visitor begins taking pictures with their phone, despite seeing the posted signs. A gallery attendant approaches the visitor and politely asks them to stop taking photos or leave the premises. The gallery is excluding the visitor from engaging in a specific activity (photography) on their property, and potentially excluding them from the property entirely if they do not comply. This illustrates the gallery owner's right to set conditions for entry and use of their commercial space.

• Intellectual Property: A software developer creates a unique new application and obtains a patent for its core technology. Another company then attempts to reverse-engineer the software and incorporate similar features into their own product without permission. The original developer sends a cease and desist letter, threatening legal action if the other company does not stop. Here, the developer is excluding the other company from using or replicating their patented technology without authorization. This demonstrates the right to prevent others from using one's intellectual property, which is a form of exclusion from its benefits or commercial exploitation.