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 ?
While April 2014 ADR in Dubai was higher than March 2014 rates, average occupancy levels dropped from 90 per cent in March 2014 to 84 per cent in April 2014.
Occupancy levels in the Middle East dipped 3.5 per cent to 60.2 per cent while average daily rate (ADR) dropped 5.8 per cent to $159.13, resulting in a 9.1 per cent decline in revenue per available room (RevPAR) to $95.73.
About the occupancy levels achieved since the resort's opening in mid-February, he said: "We have targeted annual occupancy level of 60 per cent and so far we have achieved an average occupancy of over 72 per cent.
We have experienced high levels of interest in both Birmingham and Manchester and a significant increase in contracted occupancy levels.'
He mentioned that winter season is always busy for the hotel with around 85 per cent occupancy level, but summer season is just 55 per cent occupancy level.
The UK operation, which has extensive construction interests in the Midlands through Bovis, had enjoyed a successful year in 1999 with occupancy levels ahead of 1998.
"Historically, Doha's occupancy levels have ranged from 67-68% in May, however, this year occupancies are pushing 77%," said Peter Goddard, managing director of TRI Hospitality Consulting in Dubai.
The survey said occupancy levels remained stable with a 0.7 percentage point increase over the same period last year.
Dubai: Tourist movements and hotel occupancy levels in Dubai kept up the tempo during the second week of August.
According to a study conducted by Rolland deMilleret, of HVS International, occupancy levels reached 84.8% in 2005, breaking the pre-9/11 record of 83.7%.
Coral Beach Resort Sharjah, UAE has released its half year results revealing the hotel's occupancy levels have reached an average of 90% so far in 2013.
Hotels have benefitted, although a sharp increase in the number of rooms on the market - from the likes of the new Grand Central Hotel and Maldron in Belfast city centre - has meant occupancy levels have eased back.