Page 75 - Microsoft Word - NEW 2017 Standard Program.docx

Breaking or Injuring Fences
Anyone who willfully and maliciously breaks down, damages, cuts or in any way
creates or causes to be created an opening, gap interruption or break in any fence
can be held liable for the violation of breaking or injuring a fence. Some courts’
interpretations include even the lifting of a latch or hasp on the gate, while many courts
reject prosecution where the Recovery Agent opens a gate that is not locked since the
debtor has, by the terms of the Security Agreement, authorized the agent to “enter upon
any premises.” Again, it is important to look at case law in your area or consult an
attorney. Although it may be determined there is no criminal violation, the debtor may
still seek civil damages, especially if there were animals inside the fenced area that
escaped while the gate was left open.

Burglary
Under common law, Burglary is defined as the breaking and entering of the dwelling
of another, in the night-time, with the intent to commit a felony therein. However, the
more modernized statutory definitions are much less restrictive. They usually require no
breaking and encompass entry at all times and into all kinds of structures.

A person can be charged with Burglary if he enters a building or occupied structure,
or separate secured or occupied portion, with purpose to commit a crime therein.
Although a Recovery Agent opening a garage door to repossess collateral may not be
charged with Burglary because he had no intent to commit a crime, there is probability
he could be charged with a Wrongful Repossession by Trespass, Breach of the Peace
and/or criminal “Breaking.”

Although actual Breaking requires application of some force, the slightest force, such
as lifting a latch or pushing open a door kept closed by its own weight, could be
sufficient action to be determined as Breaking.

Even though we have added your state’s predominate repossession case law (to the back
of Section 12), such case law may not address your particular circumstance we recommend
that you consult local authorities (state attorney) regarding “Breaking.”

Professionals in any industry are recognized as such not only because they have
successfully completed a course of study designed for their industry but also take
advantage of other available information in order to enhance and protect their business and
their client. Research is a necessary extension of professionalism.

4