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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
"This creates a situation where the number of new hotel rooms is growing faster than the demand for the new accommodations, thus occupancies decline."
Alexandria, the North Coast, and Ain Sokhna have the most occupancies, according to Mohey El-Din, as they benefit from the transportation networks in Alexandria and Hurghada and other benefits along the North Coast, such as the quiet.
As for Sharm El-Sheikh, head of the Tourism Investors Association in South Sinai, Hesham Ali, said occupancies are currently between 40% and 45%.
According to Ali, occupancies will rise for five days and then fall again as Egyptians return to their work.
He added, however, that with the end of Ramadan, the flow of Egyptians to coastal areas will increase, but occupancies after the Eid holiday are expected to reach 55%, rather than 70%.
The highest profit ratio was recorded in New Orleans, where full-service hotels benefitted from strong occupancies and average rates, combined with low labor costs.