Curtilage

Curtilage refers to the area of land immediately surrounding a dwelling and closely associated structures that are considered part of the home’s intimate life. It typically includes yards, gardens, patios, porches, garages, sheds, and other buildings that facilitate daily living and are reasonably regarded as part of the dwelling’s domestic enclosure.

In legal contexts, curtilage is distinguished from open fields and carries greater privacy expectations. In the United States, the Fourth Amendment generally protects against unreasonable searches and seizures within the curtilage, treating it as part of the home with heightened privacy. Courts assess whether an area belongs to the curtilage by factors such as proximity to the dwelling, enclosure by fences or walls, the area’s use, and efforts to keep it private (the Dunn factors from United States v. Dunn, 1987).

Open fields, by contrast, lie beyond the curtilage and typically do not receive the same privacy protections against government intrusion. The distinction helps determine when police may require warrants or consent to search.

Curtilage boundaries can also be relevant in property transactions, planning, zoning, and real estate disclosures. Local ordinances or parcel descriptions may define or imply curtilage for purposes related to accessory structures, setbacks, or maintenance obligations. In common law jurisdictions, the precise delineation depends on statutory rules and case law, and disputes may arise in surveying, fencing, and delineation of property boundaries.

This article offers a general overview; specific rules vary by jurisdiction and context.