Defense of Property Flashcards
Defense of Property definition
privilege of owner to use reasonable force against an invader
Defense of property rules:
● Limited to the use of force reasonably necessary to the situation as it appears to def
● Must ask person to leave before anything else
○ If invasion is peaceful, you must use reasonable means to make them leave
■ Example: if someone is picking flowers on your yard, cannot pull a gun
out on them, you must use a reasonable means
● Cannot use deadly force to protect property UNLESS personal safety threatened of D or
their family
● Cannot send someone out into danger; at least get them some help
○ Example in class: it was freezing outside, someone did not allow a man into their
home for fear of drinking with her husband, she sent him away and he died
outside in the cold; she was obligated to get him help
Defense of Property Public Policy
person’s life is more important
