Also known as: breaks · broke · broken · breaking
Written by attorneys · grounded in primary & secondary sources — see below
4 senses
The use of force, however slight, to create an opening that permits entry into a dwelling or a separately secured portion of it. The force need not damage the structure and may consist of opening a closed but unlocked door or enlarging an existing opening.
The use of force, however slight, to create an opening that permits entry into a dwelling or a separately secured portion of it. The force need not damage the structure and may consist of opening a closed but unlocked door or enlarging an existing opening.
Select any source to read its text and confirm it supports the definition.
An interruption or defect in the chain of title that renders the title unmarketable. A buyer may rescind the contract or refuse to perform when such a break prevents the seller from conveying marketable title at closing.
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An interruption in the essential attitude of mind required for adverse use. Continuity of adverse use fails when the possessor no longer holds the property with the requisite hostile intent.
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The irreparable breakdown of a marriage shown by the parties living separate and apart for more than 180 days or by serious marital discord that adversely affects one or both spouses' attitude toward the marriage.
Select any source to read its text and confirm it supports the definition.
An interruption or defect in the chain of title that renders the title unmarketable. A buyer may rescind the contract or refuse to perform when such a break prevents the seller from conveying marketable title at closing.
An interruption in the essential attitude of mind required for adverse use. Continuity of adverse use fails when the possessor no longer holds the property with the requisite hostile intent.
The irreparable breakdown of a marriage shown by the parties living separate and apart for more than 180 days or by serious marital discord that adversely affects one or both spouses' attitude toward the marriage.
Each sense below has its own examples, sources, and questions.
Brendan Burns approached the rear door of a neighbor's house at night. Finding the door closed but unlocked, he turned the knob and pushed it open to enter and steal jewelry. The entry satisfied the breaking element because minimal force was used to gain access.
Yes. Even minimal force is sufficient. Turning a knob and pushing open a closed but unlocked door constitutes an actual breaking.
Supporting sources
Bernard Bass contracted to sell land to Bianca Baker. A prior mortgage lien remained unreleased on the public records. Baker refused to close because the unreleased lien constituted a break in the chain of title that rendered the title unmarketable.
Boreal Energy's board split evenly on whether to accept a merger offer. Shareholders could not break the deadlock. The resulting paralysis threatened irreparable injury to the corporation, authorizing a court to order dissolution under the statute.
Unreleased liens, breaks in the chain of title, outstanding easements or covenants, and pending litigation that clouds title are classic examples. The buyer may rescind if the seller cannot cure by closing.
Supporting sources
Benjamin Brooks occupied land adversely for nine years. In the tenth year he asked the record owner for permission to remain. The request broke the continuity of the adverse attitude of mind, defeating the claim for adverse possession.
Continuity fails when the possessor experiences a break in the essential hostile attitude of mind required for adverse use, such as by seeking permission from the true owner.
Supporting sources
Brittany Bell and other legislators voted against a bill. The lieutenant governor cast a tie-breaking vote that enacted the bill. The legislators suffered a concrete injury from the nullification of their votes and therefore possessed standing to challenge the executive action.
Brian Bailey and his spouse petitioned for dissolution. They had lived separate and apart for 200 days before filing. The court found the marriage irretrievably broken on that evidence and entered a decree of dissolution.
Evidence that the parties lived separate and apart for more than 180 days immediately before filing, or that serious marital discord adversely affects one or both spouses' attitude toward the marriage, supports the finding.
Supporting sources
…constitutional warrant for imposing it upon the people of the 50 States. Dissenting — Rehnquist, J. The decision here to break pregnancy into three distinguishable terms and to outline the permissible restrictions the State may impose in each one, partakes more of judicial legislation than it does of a…