# Can I legally burn my house to the ground?

**URL:** <https://boards.straightdope.com/t/can-i-legally-burn-my-house-to-the-ground/649593>\
**Category:** Factual Questions\
**Created:** [February 7, 2013, 3:27pm UTC](https://boards.straightdope.com/t/can-i-legally-burn-my-house-to-the-ground/649593 "2013-02-07T15:27:48Z")\
**Posts on this page:** 18\
**Page:** 2

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**Author:** ![Hershele\_Ostropoler](https://avatars.discourse-cdn.com/v4/letter/h/e47c2d/32.png) [@Hershele\_Ostropoler](https://boards.straightdope.com/u/Hershele_Ostropoler)\
**Post date:** [February 8, 2013, 12:14am UTC](https://boards.straightdope.com/t/can-i-legally-burn-my-house-to-the-ground/649593/21 "2013-02-08T00:14:54Z")

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Give the DA a cup of coffee and a copy of the penal code and they could probably find something. If no one knew you’d done it except for you telling people – nothing spreads, no insurance fraud, etc. – they may or may not bother.

So legally ill-advised, but I’m having trouble thinking of an ethical objection, provided you can be 100% sure no one will find out in an unpleasant way.

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**Author:** ![jbaker](https://avatars.discourse-cdn.com/v4/letter/j/59ef9b/32.png) [@jbaker](https://boards.straightdope.com/u/jbaker)\
**Post date:** [February 8, 2013, 12:41am UTC](https://boards.straightdope.com/t/can-i-legally-burn-my-house-to-the-ground/649593/22 "2013-02-08T00:41:00Z")

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> [@TriPolar](#):
>
> It’s not related to westward ho, it’s from the very old practice of using strap hinges on doors. Here’s a [source](http://www.phrases.org.uk/meanings/38250.html) that’s a little misleading. Clenching a door nail entailed a double bend not just a single one. Hinges were located on the outside of entrance doors which used to swing outwards. A nail with a simple right angle bend on the inside could still be pulled out with some effort. By bending it over once more, and then back into the door or wall again it couldn’t be pulled out. This is one reason the hinges were on the outside of the door. Saving space in the interior of small homes was another reason, and there may be more. I don’t know if there’s anyway to prove this origin of ‘dead as a doornail’ but it makes sense based on the way doors used to be hung before the invention of mortise hinges and wood screws.

Unfortunately, as we’ve seen any number of times, phrase origins that “make sense” may not in fact be correct. I’m not aware of any evidence to support the bent nail theory. For example, there do not appear to be any references to bent nails as “dead.” In addition, it may be significant that there are other “d— as a doornail” phrases: “deaf as a doornail,” “dumb as a doornail,” “dour as a doornail,” although, in fairness, these are not as old as the medieval phrase “dead as a doornail.”

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**Author:** ![Leo\_Bloom](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/leo_bloom/32/10377_2.png) [@Leo\_Bloom](https://boards.straightdope.com/u/Leo_Bloom)\
**Post date:** [February 8, 2013, 1:00am UTC](https://boards.straightdope.com/t/can-i-legally-burn-my-house-to-the-ground/649593/23 "2013-02-08T01:00:11Z")

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But why would the wrought-iron homeowner want to sabotage his _own_ ability to salvage/reuse his nails?

Admittedly, I haven’t the foggiest notion of the physical layout/conditions you described that may require it.

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**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\
**Post date:** [February 8, 2013, 1:27am UTC](https://boards.straightdope.com/t/can-i-legally-burn-my-house-to-the-ground/649593/24 "2013-02-08T01:27:15Z")

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> [@jbaker](#):
>
> Unfortunately, as we’ve seen any number of times, phrase origins that “make sense” may not in fact be correct. I’m not aware of any evidence to support the bent nail theory. For example, there do not appear to be any references to bent nails as “dead.” In addition, it may be significant that there are other “d— as a doornail” phrases: “deaf as a doornail,” “dumb as a doornail,” “dour as a doornail,” although, in fairness, these are not as old as the medieval phrase “dead as a doornail.”

Ok, but that’s not at all the point. People did burn down their old houses to recover the nails, which I mentioned because this is a thread about burning down houses, not the etymology of the phrase.

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**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\
**Post date:** [February 8, 2013, 1:28am UTC](https://boards.straightdope.com/t/can-i-legally-burn-my-house-to-the-ground/649593/25 "2013-02-08T01:28:31Z")

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> [@Leo\_Bloom](#):
>
> But why would the wrought-iron homeowner want to sabotage his _own_ ability to salvage/reuse his nails?
> 
> Admittedly, I haven’t the foggiest notion of the physical layout/conditions you described that may require it.

He was ‘deadening’ his nails so burglars couldn’t pull them out and enter his house, presumably containing things more valuable than the nails.

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**Author:** ![BestGore](https://avatars.discourse-cdn.com/v4/letter/b/6de8d8/32.png) [@BestGore](https://boards.straightdope.com/u/BestGore)\
**Post date:** [February 8, 2013, 2:04am UTC](https://boards.straightdope.com/t/can-i-legally-burn-my-house-to-the-ground/649593/26 "2013-02-08T02:04:24Z")

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This would not be the brightest of ideas. As prior stated, the embers could pose a threat to any adjacent houses, and the environment. Besides air pollution, you also run the risk of burning down a good amount of the land that either you own, but most importantly the land that is owned either by the state or any other homeowner…

If you are not looking to face consequences, and don’t care about the neighbors however…May I suggest you drop a lit match by "accident " in the kitchen whilst cooking? Use the kitchen as an excuse, however it is recommended you research proper ways of doing this. I can assure you a fire marshal can tell if it was by accident or not.

OR, we can begin with the very foundation of the establishment… What if a support beam or 2 we’re to suddenly…I don’t know, shall I say “Shift” their movements, causing the house to then be liable to collapse. Right there is an easy lawsuit against the home makers, or shall I say the new funds to your new and improved home =) I don’t suggest using an explosive due to the noise and pesky neighbors( I like to call them…obstacles). However, I’m sure with enough research done in the respective field of “home improvement” , you will find a method in no time.

Good luck with your endeavours young padawan…

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**Author:** ![jbaker](https://avatars.discourse-cdn.com/v4/letter/j/59ef9b/32.png) [@jbaker](https://boards.straightdope.com/u/jbaker)\
**Post date:** [February 8, 2013, 2:37am UTC](https://boards.straightdope.com/t/can-i-legally-burn-my-house-to-the-ground/649593/27 "2013-02-08T02:37:15Z")

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> [@TriPolar](#):
>
> Ok, but that’s not at all the point. People did burn down their old houses to recover the nails, which I mentioned because this is a thread about burning down houses, not the etymology of the phrase.

You’re right, of course. I got distracted by the etymology point, which is off-topic for this thread.

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**Author:** ![Jamicat](https://avatars.discourse-cdn.com/v4/letter/j/c67d28/32.png) [@Jamicat](https://boards.straightdope.com/u/Jamicat)\
**Post date:** [February 8, 2013, 2:50am UTC](https://boards.straightdope.com/t/can-i-legally-burn-my-house-to-the-ground/649593/28 "2013-02-08T02:50:53Z")

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A story them talking nails heads would tell…

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**Author:** ![BestGore](https://avatars.discourse-cdn.com/v4/letter/b/6de8d8/32.png) [@BestGore](https://boards.straightdope.com/u/BestGore)\
**Post date:** [February 8, 2013, 2:54am UTC](https://boards.straightdope.com/t/can-i-legally-burn-my-house-to-the-ground/649593/29 "2013-02-08T02:54:25Z")

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> [@Jamicat](#):
>
> A story them talking nails heads would tell…

I can see a lot of talk about penetration going on..

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**Author:** ![brazil84](https://avatars.discourse-cdn.com/v4/letter/b/8491ac/32.png) [@brazil84](https://boards.straightdope.com/u/brazil84)\
**Post date:** [February 8, 2013, 2:56am UTC](https://boards.straightdope.com/t/can-i-legally-burn-my-house-to-the-ground/649593/30 "2013-02-08T02:56:36Z")

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From the New York penal code:

> [@](#):
>
> 1. A person is guilty of arson in the third degree when he  
> intentionally damages a building or motor vehicle by starting a fire or  
> causing an explosion.

So it would seem that in New York, burning your own house is definitely illegal if you have reasonable ground to believe that doing so might endanger other people or their property.

What if you satisfy all the elements of the affirmative defense above? I have a feeling that you will still be violating some kind of fire code or environmental laws.

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**Author:** ![BestGore](https://avatars.discourse-cdn.com/v4/letter/b/6de8d8/32.png) [@BestGore](https://boards.straightdope.com/u/BestGore)\
**Post date:** [February 8, 2013, 3:01am UTC](https://boards.straightdope.com/t/can-i-legally-burn-my-house-to-the-ground/649593/31 "2013-02-08T03:01:46Z")

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> [@brazil84](#):
>
> From the New York penal code:
> 
> So it would seem that in New York, burning your own house is definitely illegal if you have reasonable ground to believe that doing so might endanger other people or their property.
> 
> What if you satisfy all the elements of the affirmative defense above? I have a feeling that you will still be violating some kind of fire code or environmental laws.

Being a New Yorker, I can assure you dong such a thing would be very hard unless doing it way upstate in the boonies.

Honestly the best way to do it would be to just accidently do it, or have it done by someone else when you are away. For example, if you live in NY take a trip out to jersey or connecticut with friends. They are witnesses to you being outside state lines while someone else burned your house down. A safe-sound alibi. The police will be suspicious though if your not all gung ho on finding the perp..

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**Author:** ![robert\_columbia](https://avatars.discourse-cdn.com/v4/letter/r/e79b87/32.png) [@robert\_columbia](https://boards.straightdope.com/u/robert_columbia)\
**Post date:** [February 8, 2013, 5:46am UTC](https://boards.straightdope.com/t/can-i-legally-burn-my-house-to-the-ground/649593/32 "2013-02-08T05:46:39Z")

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One way might be bomb it with a car packed with explosives that you owned free and clear and that did not have collision or comprehensive insurance coverage. Can I legally car bomb my own house with my own car?

If police decide that doing that is inappropriate, they might be able to get creative and say that since your car had license plates on it, you committed Destruction of Government Property (if license plates from your jurisdiction are de jure considered government property).

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**Author:** ![Number](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/number/32/242_2.png) [@Number](https://boards.straightdope.com/u/Number)\
**Post date:** [February 8, 2013, 5:48am UTC](https://boards.straightdope.com/t/can-i-legally-burn-my-house-to-the-ground/649593/33 "2013-02-08T05:48:11Z")

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Fastenating…

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**Author:** ![Derleth](https://avatars.discourse-cdn.com/v4/letter/d/b9e5f3/32.png) [@Derleth](https://boards.straightdope.com/u/Derleth)\
**Post date:** [February 8, 2013, 6:00am UTC](https://boards.straightdope.com/t/can-i-legally-burn-my-house-to-the-ground/649593/34 "2013-02-08T06:00:02Z")

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Here’s the page [Historical Development and Advances of the Hinge](http://www.hardwaresource.com/hinge-resource-center/hinge-historyhistorical-development-advances-of-hinges/) from Hardware Source, the Hinge Experts:

> [@](#):
>
> Enter the hinge. By at least 1600 BC, people were using an early form of the modern hinge to make massive objects more moveable, based on discoveries at Hattusa, an ancient Near Eastern capital. The city was surrounded by giant stone walls with openings that apparently had equally giant wooden doors that swung open on pivots set in large stone sockets. [snip] The only building with hinges mentioned in the Old Testament was King Solomon’s elaborate temple (likely gold-plated sockets for solid gold doors).

King Solomon was living high on the hog, let me tell you. 😉

I love the Internet.

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**Author:** ![eschereal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eschereal/32/18939_2.png) [@eschereal](https://boards.straightdope.com/u/eschereal)\
**Post date:** [February 8, 2013, 7:08am UTC](https://boards.straightdope.com/t/can-i-legally-burn-my-house-to-the-ground/649593/35 "2013-02-08T07:08:54Z")

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Talking Nail Heads? Did they do a song about burning down a house?

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**Author:** ![Dereknocue67](https://avatars.discourse-cdn.com/v4/letter/d/6de8d8/32.png) [@Dereknocue67](https://boards.straightdope.com/u/Dereknocue67)\
**Post date:** [February 8, 2013, 9:19am UTC](https://boards.straightdope.com/t/can-i-legally-burn-my-house-to-the-ground/649593/36 "2013-02-08T09:19:20Z")

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> [@Procrustus](#):
>
> Probably an EPA violation. It’s not [generally] [arson.](http://legal-dictionary.thefreedictionary.com/arson)

Agree. Legally, it only qualifies as arson if your intent is to profit from the fire, usually from insurance. However, if authorities show you did profit from the fire because you avoided the expense of demolition, you may find yourself in court while performing some legal tap dancing.

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**Author:** ![iamthewalrus\_3](https://avatars.discourse-cdn.com/v4/letter/i/258eb7/32.png) [@iamthewalrus\_3](https://boards.straightdope.com/u/iamthewalrus_3)\
**Post date:** [February 8, 2013, 11:05pm UTC](https://boards.straightdope.com/t/can-i-legally-burn-my-house-to-the-ground/649593/37 "2013-02-08T23:05:56Z")

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> [@Floater](#):
>
> I remember a case when the fire brigade was going to burn a house for practice and it ended with a large part of the village burning down.

I bet they got a lot of practice.

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**Author:** ![TokyoBayer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tokyobayer/32/13989_2.png) [@TokyoBayer](https://boards.straightdope.com/u/TokyoBayer)\
**Post date:** [February 9, 2013, 1:53am UTC](https://boards.straightdope.com/t/can-i-legally-burn-my-house-to-the-ground/649593/38 "2013-02-09T01:53:51Z")

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My brother was a fire fighter, and I’ve heard about at least one practice fire. The fire chief ordered that the fire be started with gasoline, which caused a huge explosion but not a lasting fire, and they were able to knock the fired down almost immediately, leaving most of the house still unburnt.

My brother said that if you want to make sure your house doesn’t get put out, fill it up a couple of feet with crumpled newspapers. The fire department could be standing by and they wouldn’t be able to get it out.

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