Can burning down your own property be arson?
Yes, burning your own property is arson. Intentionally setting fire to your own home or business can be considered a felony crime. Setting fire to one’s home for insurance money could have serious consequences.
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UPDATED: Jul 12, 2023
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UPDATED: Jul 12, 2023
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
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Yes, intentionally setting fire to your own home or business can be considered a felony crime. The act is commonly referred to as Arson Insurance Fraud as it frequently involves property owners burning down their homes or businesses to get insurance money.
As the economy has seen a downturn, foreclosure rates have increased in recent years. As a result, the number of homeowners setting fire to their properties to obtain insurance money has also risen. When faced with mounting mortgage bills, some have resorted to fraud.
According to the Insurance Research Council, the motive behind 14 percent of all arson cases is insurance money. For this reason, arson cases are taken very seriously by both police investigators and insurance companies. Many insurance companies even staff special departments for the purpose of investigating arson cases for fraud.
This type of insurance fraud may also be seen more frequently in areas of natural disasters. When homes and businesses are damaged, property owners may try to increase their insurance returns to pay for rebuilding.
Consequences of Arson Insurance Fraud
Burning down a house is a crime. Setting fire to ones home for insurance money could have serious consequences and is never the answer. If caught, a person can be charged with criminal fraud and be sentenced to prison. Even if criminal charges are not sought, if a case of arson is found to be intentional, the insurance company does not legally have to pay a dime for the damage.
In addition, there are consequences for the overall insurance industry as these types of fraudulent insurance claims ultimately boost the cost of insurance for all policyholders.
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When It May Be Legal to Burn Your Own Property
There are situations when setting fire to your own property will not be considered arson. If the purpose is for farming or the like, and the necessary permits have been obtained, or the necessary authorities have been informed, it will not be considered arson. However, if you are not in control of the fire and did not obtain the necessary authorization, you may be charged with criminally endangering your neighbors and/or the public.
Case Studies: Can Burning Down Your own Property be Arson?
Case Study 1: The Foreclosure Scheme
In a struggling economy with increasing foreclosure rates, homeowners are resorting to desperate measures to obtain insurance money. In one case, John Smith, facing mounting mortgage bills and financial distress, intentionally set fire to his own house to stage an accident.
He hoped to claim insurance money for the damage. However, his fraudulent act was discovered during the investigation, leading to criminal charges of arson insurance fraud. John was sentenced to prison, and the insurance company refused to pay for any damages.
Case Study 2: Natural Disaster Exploitation
After a devastating flood struck a coastal town, numerous homeowners found their properties severely damaged. Among them was Sarah Johnson, who saw an opportunity to inflate her insurance claim. She deliberately set fire to her partially damaged house, hoping to receive a higher payout for rebuilding.
However, insurance investigators identified the arson as intentional and denied her claim entirely. Sarah not only lost her house but also faced criminal charges for insurance fraud.
Case Study 3: Farming Exception
Not all cases of property burning are considered arson. In rural areas, where farming is prevalent, individuals may engage in controlled burns for agricultural purposes. One such case involved Henry Thompson, a farmer who obtained the necessary permits and followed the regulations to conduct a controlled burn on his farmland.
As a responsible landowner, he ensured the fire was contained and did not pose a threat to neighboring properties. Henry’s actions were within the legal framework, and he faced no criminal charges.
Case Study 4: Unauthorized Burning
Contrastingly, Mary Anderson decided to burn a section of her property without obtaining proper authorization or notifying the authorities. The uncontrolled fire quickly spread to nearby structures, endangering the lives and properties of her neighbors.
Mary was charged not only with arson but also with criminally endangering others. Her negligent and unauthorized actions resulted in severe legal consequences.
Burning Down Your Own Property: The Bottom Line
The rules associated with this type of burning will vary from state to state, and even between jurisdictions, depending on climate and terrain conditions and whether the property is in an urban or rural setting. Always check your local laws (usually accessible through your state’s .gov website) before burning any property – big or small.
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Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.