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Concept
Dwelling
Summary
In law, a dwelling (also known as a residence, abode or domicile) is a self-contained unit of accommodation used by one or more households as a home - such as a house, apartment, mobile home, houseboat, recreational vehicle, or other "substantial" structure. The concept of a dwelling has significance in relation to search and seizure, conveyancing of real property, burglary, trespass, and land-use planning.
Legal definitions vary by jurisdiction.
Under English law, a dwelling is defined as a self-contained 'substantial' unit of accommodation, such as a building, part of a building, caravan, houseboat or other mobile home. A tent is not normally considered substantial.
According to North Carolina General Statute § 160A-442, "Dwelling" means any building, structure, manufactured home or mobile home, or part thereof, used and occupied for human habitation, or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith, except that it does not include any manufactured home or mobile home, which is used solely for a seasonal vacation purpose."
According to N.C. Gen. Stat. § 53-244.030, "Dwelling" means a residential structure that contains one to four units, whether or not that structure is attached to real property. The term includes an individual condominium unit, cooperative unit, manufactured home, mobile home, or trailer if it is used as a residence. Under the Oregon law, a "dwelling" is defined as a "building which regularly or intermittently is occupied by a person lodging therein at night, whether or not a person is actually present." The United States v. Adams, 2009 U.S. App. LEXIS 25866 (9th Cir. Or. 25 November 2009)
In international conventions, a person can have only one habitual residence, being the place where the individual ordinarily resides and routinely returns to after visiting other places for a reasonably significant period of time. It is used to determine the law which should be applied to determine a given legal dispute.
Official source
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