Also known as: incloses · inclosed · inclosing · inclosure · inclosures · enclose · enclosure
Written by attorneys · grounded in primary & secondary sources — see below
To surround land, a structure, or an area with a fence or other barrier that creates an enclosed space.
Lila waited until the charity gala ended and then slipped through a propped loading door. She used her badge to enter the locked administrative suite that housed the safe containing cash donations. Her unauthorized entry into that secured interior space after it had been inclosed constituted a substantial step toward theft.
Owner O built a road across the south twenty-five feet of Whiteacre and erected a fence along the north side of the strip. The fence remained in place for the statutory period while O used the road exclusively in connection with Blackacre. The enclosure created by the fence supported O's claim to fee simple title by adverse possession.
Select any source to read its text and confirm it supports the definition.
A magazine article placed a subject's statements inside quotation marks that altered their meaning. The inclosed quotations created a false impression of the subject's actual words. The subject sued for defamation arising from the misleading enclosure of the altered language.
A retailer imported gray-market watches inside sealed shipping containers. Customs officials examined whether the inclosed merchandise violated trademark restrictions on parallel imports. The physical enclosure of the watches inside the containers determined the scope of the importation inquiry.
A resident kept a handgun inside a locked drawer within his residence. The drawer functioned as an inclosed space for the firearm under the District's storage rules. The resident challenged the storage requirement as an infringement on the right to keep arms for self-defense.
A religious group performed animal sacrifice inside a fenced yard that had been inclosed for that purpose. City ordinances prohibited the killing of animals within such enclosures when done for religious reasons. The group challenged the ordinances as targeting its practices while permitting similar conduct outside religious contexts.
Unlawful entry into a structure, vehicle, or enclosure where the crime is planned counts as a substantial step when done with the required intent. The entry must strongly corroborate the criminal purpose. Courts focus on whether the actor has moved beyond mere preparation into conduct that demonstrates firm resolve.
A fence or other enclosure built and maintained for the statutory period can support acquisition of fee title when the other elements of adverse possession are met. The enclosure demonstrates exclusive use and notice to the true owner. If the enclosure instead serves only a limited purpose such as containing cattle, it may support only a prescriptive easement rather than fee title.
A signed writing and an unsigned writing may be read together as a memorandum when the party to be charged physically encloses them in the same envelope. The documents must clearly relate to the same transaction. Mere enclosure without any reference or acquiescence may be insufficient if the connection between the writings is not apparent from the circumstances.
…the infliction of pain or suffering "in the interest of medical science," § 828.02; the placing of poison in one's yard or enclosure, § 828.08; and the use of a live animal "to pursue or take wildlife or to participate in any hunting," § 828.122(6)(b), and "to hunt wild hogs," § 828.122(6)(e). The city concedes that…