Occupancy

The taking possession of those things corporeal which are without an owner, with an intention of appropriating them to one's own use. Pothler 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 it. Tr. du Dr. de Propriete, note 20. The Civil Code of Louisiana (article 3375), nearly following Pothler, defines occupancy to be "a mode of acthe person who took possession of it with an intention of acquiring a right of ownership in it." Sometimes used in the sense of actual possession of things corporeal. "Occupancy and possession, when applied to land, are synonymous." 21 111. 178. A distinction is sometimes made in the use of "occupation" to indicate mere possession and "occupancy" for the acquirement of title by the taking of possession (Abbott), but it is not generally observed.

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 it. Tr. du Dr. dc Proprivtd, n. 20. The Civil Code of Louisiana, art. 3375, nearly following Pothier, defines occupancy to be “a mode of acquiring property by whieh 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." The basis of its origin seems to be not an instinctive bias towards the institution of property, but a presumption, arising out of the long continuation of that Institution, that everything should have an owner. Maine, Anc. L. 249. Occupancy is sometimes used in the sense of occupation or holding possession; indeed it has come to be Y.) 54; Act of Cong. May 29, 1830 (4 Stat. at L. 420); Weisbrod v. Daenicke, 36 Wis. 73; see Quehl v. Peterson, 47 Minn. 13, 49 N. W. 390; 12 Q. B. Div. 356; 2 id. 688; but this does not appear to be a common legal use of the term, as recognized by English authorities. To constitute occupancy, there must be a taking of a thing corporeal, belonging to nobody, with an intention of becoming the owner of it; Co. Litt. 416. A right by occupancy attaches in the finder of lost goods unreclaimed by the owner; in the captor of beasts ferw naturce, so long as ! lie retains possession; 2 Bla. Com. 403,; the owner of lands by accession, and the owner of goods acquired by confusion. It was formerly considered, also, that the captor of goods contraband of war acquired a right by occupancy; but it is now held otherwise, such goods being now held to he primarily vested in the sovereign, and as belonging to individual captors only to the extent and under such regulations as posij tive laws may prescribe; 2 Kent 290. See Prize. j

Occupancy is 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 the intention of acquiring a right of ownership in it. Civ. Co.de La. art. 3412; Goddard v. Winchell, 86 Iowa, 71, 52 N. W. 1124, 17 L. R. A. 788, 41 Am. St. Rep. 481. 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 land, are nearly synonymous terms, and 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 residence on the premises by the widow or child. Walters v. People, 21 111. 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 there is, in most of these 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 occupancy 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 more 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 not 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.

The taking of possession of those things which before belonged to nobody; the taking of possession by any one of a thing of which there is no owner; the right acquired by such taking possession.

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.