occupancy

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Occupancy

Gaining or having physical possession of real property subject to, or in the absence of, legal right or title.

In a fire insurance policy, for example, the term occupancy is used in reference to the purpose to which the land or building is devoted or adopted, as indicated in the policy.

occupancy

n. 1) living in or using premises, as a tenant or owner. 2) taking possession of real property or a thing which has no known owner, with the intention of gaining ownership. (See: occupant)

occupancy

noun actual possession, control, enjoyment, habitation, holding, inhabitancy, ownership, possessio, possession, proprietorship, retention, temporary possession, tenure
Associated concepts: certificate of occupancy, continuous occupancy, illegal occupancy, partial occupancy, physiial occupancy, principal occupation, residency laws, right of occupancy
See also: enjoyment, habitation, inhabitation, occupation, ownership, possession, seisin, tenancy, tenure, use

OCCUPANCY. The taking possession of those things corporeal which are without an owner, with an intention of appropriating them to one's own use. Pothier defines it to be the title by which one acquires property in a thing which belongs to nobody, by taking possession of it, with design of acquiring. Tr. du Dr. de Propriete n. 20. The Civil Code of Lo. art. 3375, nearly following Pothier, defines occupancy to be "a mode of acquiring property by which a thing, which belongs to nobody, becomes the property of the person who took possession of it, with an intention of acquiring a right of ownership in it."
     2. To constitute occupancy there must be a taking of a thing corporeal, belonging to nobody with an intention of becoming the owner of it.
     3.-1. The taking must be such as the nature of the time requires; if, for example, two persons were walking on the seashore, and one of them should perceive a precious stone, and say he claimed it as his own, he would, acquire no property in it by occupancy, if the other seized it first.
     4.-2. The thing must be susceptible of being possessed; an incorporeal right, therefore, as an annuity, could not be claimed by occupancy.
     5.-3. The thing taken must belong to nobody; for if it were in the possession of another the taking would be larceny, and if it had been lost and not abandoned, the taker would have only a qualified property in it, and would hold the possession for the owner.
     6.-4. The taking must have been with an intention of becoming the owner; if therefore a person non compos mentis should take such a thing he would not acquire a property in it, because he had no intention to do so. Co. Litt. 41, b.
     7. Among the numerous ways of acquiring property by occupancy, the following are considered as the most usual.
     8.-1. Goods captured in war, from public enemies, were, by the common law, adjudged to belong to the captors. Finch's law, 28; 178; 1 Wills. 211; 1 Chit. Com. Law, 377 to 512; 2 Woodes. 435 to 457; 2 Bl. Com. 401. But by the law of nations such things are now considered as primarily vested in the sovereign, and as belonging to individual captors only to the extent and under such regulations as positive laws may prescribe. 2 Kent's Com. 290. By the policy of law, goods belonging to an enemy are considered as not being the property of any one. Lecon's Elem. du Dr. Rom. Sec. 348; 2 Bl. Com. 401.
     9.-2. When movables are casually lost by the owner and unreclaimed, or designedly abandoned by him, they belong to the fortunate finder who seizes them, by right of occupancy.
    10.-3. The benefit of the elements, the light, air, and water, can only be appropriated by occupancy.
    11.-4. When animals ferae naturae are captured, they become the property of the occupant while he retains the possession; for if an animal so taken should escape, the captor loses all the property he had in it. 2 Bl. Com. 403.
    12.-5. It is by virtue of his occupancy that the owner of lands is entitled to the emblements.
    13.-6. Property acquired by accession, is also grounded on the right of occupancy.
    14.-7. Goods acquired by means of confusion may be referred to the same right.
    15.-8. The right of inventors of machines or of authors of literary productions is also founded on occupancy. Vide, generally, Kent, Com. Lect. 36; 16 Vin. Ab. 69; Bac. Ab. Estate for life and occupancy; 1 Brown's Civ. Law, 234; 4 Toull. n. 4; Lecons du Droit Rom. Sec. 342, et seq.; Bouv. Inst. Index, h.t.

References in periodicals archive ?
The hospital is the largest project DCAM has ever undertaken and getting it ready for an occupancy permit was a "learning experience," she said.
A security guard, who refused to be identified, said many beneficiaries were willing to move in but could not because the absence of an occupancy permit also means no electricity.
Soon, the men may be looking for another occupancy permit, they said, to open up a retail store selling pellet stoves.
Even before the occupancy permit, people were stopping to look in and see the new space.
The alternate setup, for which the Fire Department approved plans, was to be inspected late Thursday afternoon before restoring the occupancy permit, he said.
The school received a permanent occupancy permit last month, Venerini Prinicpal David E.
The City Council on Tuesday night authorized the city planning staff to issue a temporary occupancy permit for one of two golf courses to developer Ted Robinson, once he meets certain conditions.
The 92,000 square foot seismically upgraded and electrically assured facility has received its occupancy permit from the city of Sacramento today.
Mughmaw is close to the final inspection for his occupancy permit.
Last week Los Angeles Zoning Administrator Dan Green ordered the closure of a sexual encounter club called the Prowl in Hollywood because it was operating near homes and had an occupancy permit issued for a battery factory.
Nasdaq:ATGC), a leading provider of low-level radioactive and low-level mixed waste treatment services, today announced the receipt of the building occupancy permit for its new Low Level Mixed Waste (LLMW) treatment facility in Richland, WA from the city's Building Inspection Department.