DWELLING HOUSE - Black's Law Dictionary

What is DWELLING HOUSE? Definition of DWELLING HOUSE in Black's Law Dictionary – Legal dictionary – Glossary of legal terms.

The house  in which  a man lives with his family;  a residence; abode;  habitation; the  apartment or building, or group of buildings, occupied by a family as a place of residence.

"Dwelling house" is a very flexible term. Its meaning depends not only on context, but on the determination of the courts not to permit public policy or justice to be defeated by a word. "Dwelling house" often means any building within the curtilage. Daniels v. Commonwealth, 172 Va. 583, 1 S.E.2d 333, 335. It may mean a single house used by one family exclusively as  a home. It may include an apartment building, or any structure used by human beings, partly for business and partly for residential purposes, or a building regardless of habitation. Gerstell v. Knight, 345 Pa. 83, 26 A.2d 329, 330.

In conveyancing. Includes all buildings attached  to or connected with the house.  2 Hil.Real Prop. 338, and  note. In the  law  of burglary. A house in which the occupier and his family usually reside, or, in other words, dwell and lie in. Whart. Crim.Law, 357.  Temporary absence will not destroy character as "dwelling house." Haynes v. State, 180 Miss. 291, 177 So. 360; State v. Bair, 112 W.Va. 655, 166 S.E. 369, 370, 85 A.L.R. 424.

Private Dwelling, within  a restrictive covenant, a place or house in which  a person  or family  lives in an individual or private state, the covenant being violated by the conversion of a house  theretofore used as a residence  for a single  family  into a residence for two families, even though  the outward appearance of the house was  not materially affected. Paine v. Bergrose Development  Corp., 198 N.Y.S. 311, 312, 119 Misc. 796. The distinction  between a boarding house  and a "private dwelling house" is whether the house is occupied  as a home for the occupant and his wife and child, or whether he occupied it as a place for carrying  on the business  of keeping boarders, although while prosecuting  the business and as a means  of prosecuting it, he and his wife and children live in the house  also. Trainor  v. Le Beck, 101 N.J.Eq. 823, 139 A. 16, 17.

More on This Topic: BOARDING HOUSE

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