Occupancy

Occupancy is a mode of acquiring property by which a thing which the intention of acquiring a right of ownership in it. Civil Code La. art.

3412.

The taking possession of things which before belonged to nobody, with an intention of appropriating them to one’s own use. “Possession” and “occupancy,” when applied to lend, are nearly synonymous terms, aud may exist through a tenancy. Thus, occupancy of a homestead, such as will satisfy the statute, may be by means other than that of actual resideuce on the premises by the widow or child.

21 Ili 178.

There is a use of the word in public-land laws, homestead laws, “occupying-claimant "laws, cases of landlord and tenant, and like connections, which seems to require the broader sense of possession, although thera is, in most of thesa uses, a shade of meaning discarding any prior title as a foundation of right, Perhaps both uses or views may be harmonized, by saying that in jurisprudence oceuparcy or occupation is possession, presented independent of the idea of a chain of title, of any earlier owner. Or “occupancy” and “occupant” might be used for assuming property which has no owner, and “occupation” and “occupier” for the moro general idea of possession. Judge Bouvier's definitions seem partly founded on such a distinction, and there are indications of it in English usage. It does uot appear generally drawn in American books.

Abbott.

In international law. The taking possession of a newly discovered or conquered country with the intention of holding and ruling it.