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Legal Definitions - inclosure
Definition of inclosure
Inclosure (also spelled enclosure) refers to the act or process of surrounding a piece of land with a physical barrier, such as a fence, wall, or hedge. This action separates the land from adjacent areas, often to assert private ownership, control, or to restrict access. Historically, particularly in English law, it also refers to the significant legal and social process of converting common lands (land traditionally used by many for shared purposes like grazing or foraging) into private property.
- Example 1: Residential Property Boundary
A homeowner decides to build a new wooden fence around their entire backyard. This act of constructing the fence is an inclosure, as it physically surrounds and defines the boundaries of their private property, separating it from their neighbors' yards and public spaces. - Example 2: Agricultural Land Protection
A large vineyard owner installs a high wire fence around their entire grape-growing property. This inclosure serves to protect the valuable crops from wildlife and unauthorized access, clearly marking the extent of the vineyard's private agricultural land and delineating its boundaries. - Example 3: Public Land Redevelopment
A city council approves the fencing off of a previously open, undeveloped parcel of land that was informally used by residents for walking. The city then erects a chain-link fence around it to prepare for the construction of a new public library. The act of fencing off this land constitutes an inclosure, as it transforms a previously accessible area into a defined, restricted space for a specific development purpose.
Simple Definition
Inclosure, also spelled enclosure, refers to the act of fencing off or otherwise surrounding an area of land. Historically, it often involved the privatization of common land, converting it into private property and restricting public access. This process had significant legal and social implications regarding land rights and ownership.