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 ?
This study presents an implicit method of measuring real-time occupancy rate based on an IT platform-integrated sensor system.
CBRE tracks occupancy costs for prime office space in 133 markets around the globe.
Hotels in Cardiff and Coventry have reported around 90 percent occupancy for the nights when matches were played.
For example, a once rarely used common space at MIT now hosts a snack bar, allowing its occupancy to more closely match the space's energy use.
59.8 per cent occupancy, closely followed by March with an occupancy rate of 59.5 per cent, although with a higher total of sold rooms at
For furnished flats, the highest rate of occupancy was for units up to 39 apartments, in which the occupancy rate reached 54.2 per cent, those with 150-299 apartments were at 41 per cent.
Another sign that the industry is recovering is in the slow, but steady, growth of occupancy rates.
Known as NIC Market Area Profiles (or NIC MAP[TM]), it gives providers detailed quarterly information on revenue, occupancy, property, and demographic data.
Slade in his dismissal of Hansen's request said that the coop's rules were consistent with its rights to conduct its business as stipulated in the Cooperative Association Act and her particular type of membership, which did not give her occupancy rights, "was terminated by the Rules, not by the decision of the Directors."
As the 2003-2004 tourist season comes to a close, Jose Suarez, Executive Director of the Puerto Rico Tourism Co., classified the last few months as "successful," with high hotel occupancy rates, reports El Nuevo Dia (April 6, 2004).
In early 1992, the partnership acquired three acres of land for development, on which it constructed a building that was ready for occupancy on Oct.