Also known as: intent to return
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An intention to return that preserves an owner's property interest in a domesticated animal that has escaped when the animal exhibits a habit of returning to the owner's premises.
An intention to return that prevents a temporary absence from stripping a structure of its status as a dwelling.
An intention to return that preserves an owner's property interest in a domesticated animal that has escaped when the animal exhibits a habit of returning to the owner's premises.
Select any source to read its text and confirm it supports the definition.
An intention to return that prevents a temporary absence from stripping a structure of its status as a dwelling.
Select any source to read its text and confirm it supports the definition.
Each sense below has its own examples, sources, and questions.
Austin trains a falcon on his property and releases it daily for hunting. The bird flies away during a storm but returns to Austin's mews the next morning. Because the falcon demonstrates an intent to return Austin retains ownership even though the bird was temporarily at large.
No. Although the doctrine most often arises with escaped domesticated animals it also determines whether a structure remains a dwelling after occupants leave temporarily. The same concept of intent to return therefore governs both property and burglary questions.
Supporting sources
Courts look for training that causes the animal to return to its owner, distinctive markings, non-native species status, and actual return behavior. A carrier pigeon or hunting falcon that flies back to its captor after release typically satisfies the requirement.
Supporting sources
Yes if the animal has been tamed and trained to return. Once the animal exhibits behavior linking it to its former captor the law treats the animal as still owned rather than returned to nature.
Supporting sources
Alan and his family leave their house for a two-week vacation but leave furniture and personal belongings inside and plan to return immediately afterward. While they are gone a burglar breaks in at night. Because the family maintains an intent to return the house remains a dwelling and the nighttime entry supports a burglary charge.
Animus revertendi is the intention to return to a prior place while animus manendi is the intention to remain indefinitely in a new location. Courts use the presence or absence of an intent to return to decide whether a domicile has been abandoned or a dwelling has lost its character.
Supporting sources
…at some past moment, as in relation to the length of time one purposed remaining or whether there was vestigial and contingent intent to return, would be material. With the subjective substratum removed, the largest source of variable and inconstant decision would disappear. This would be true, whether transiency guarded by due…