Legal Question in Real Estate Law in New Mexico

If posessions of someone are in someone's house, and they get it out, and then the homeowner tries to file for Breaking an Entry, can it be argued that the homeowner was not alowing the possesor to retrieve his property?


Asked on 9/23/11, 12:03 pm

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

That would be a defense to a charge of burglary, because the person who broke in did not intend to commit a felony inside the house. But the crime of B&E is complete as soon as the intruder crosses the imaginary line between the outside and inside of the house.

You can file a civil suit to recover the property. Self-help is discouraged by the law because of the potential for someone to get hurt.

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Answered on 9/23/11, 1:18 pm


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