Lurking house-trespass
AI Assist
Summary
Entering or staying in a building, tent or vessel while taking steps to hide the trespass from a person who can exclude or eject you is treated as lurking house-trespass. It applies when the trespasser deliberately conceals the entry or presence. The consequence is that the act is classified specifically as lurking house-trespass.
Example
Priya slips into a neighbour's flat after they go out and hides in a cupboard to avoid being seen by the owner. Because she took precautions to conceal her presence from the person who could eject her, her act counts as lurking house-trespass.
Bare Act
Enacted textWhoever commits house-trespass having taken precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit “lurking house-trespass”.
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