in possession

English translation: in possession of the premises

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:in possession
Selected answer:in possession of the premises
Entered by: B D Finch

09:42 Apr 28, 2010
English language (monolingual) [PRO]
Bus/Financial - Real Estate / California Civil Code
English term or phrase: in possession
JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Tenant, each one shall be individually and completely
responsible for the performance of all obligations of Tenant under this Agreement, jointly with every other Tenant, and individually,
whether or not in possession.

In possession of what?
Sterk
Ukraine
Local time: 03:18
in possession of the premises
Explanation:
You haven't told us what sort of property this is, so all one can say in answer to your question is that it is the premises of whatever type they are. However, do note that possession and occupation are not the same thing<\b>.

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Note added at 4 days (2010-05-03 08:55:57 GMT)
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Regarding the difference between occupancy and possession: I might possess e.g. a house or business premises without occupying them. I possess them because I have control of the house or premises and have a legal right to exclude others from that property.

"Exclusive possession is not the same as exclusive occupation. Exclusive occupation refers to occupancy of the land - possession is far more than that. Students in university halls, residents in a hotel and persons living in old people's homes have exclusive occupation but they do not enjoy possession, to the exclusion of all others; neither do persons occupying a homeless hostel. One of the key features that is missing from such scenarios is that there is no right to exclude others, and there is no immunity from supervisory control; an occupant of a hostel or home must behave in accordance with the rules of the home, and is not free to carry out whatever activities he wishes unsupervised (see for example Westminster CC v Clarke (1992) 2 AC 288; tenant status of an occupant of a room in a council run hostel for homeless people - assertion that a tenancy existed is incompatible with the "totality, immediacy and objectives of the powers exercised by the Council and the restrictions imposed on the occupant"."

http://www.law-essays-uk.com/revision-area/land-law/study-ar...

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Note added at 4 days (2010-05-03 09:05:04 GMT)
--------------------------------------------------

Excuse the bold typeface. I must have forgotten to cancel the bolding from the previous entry.
Selected response from:

B D Finch
France
Local time: 02:18
Grading comment
Thank you very much. Many thanks to all other participants for joining the discussion
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
4 +4in possession of the premises
B D Finch
4of an apartment
Jack Doughty
4 -1occupying the premise concerned
English2Korean


Discussion entries: 7





  

Answers


5 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
of an apartment


Explanation:
whether or not the tenant or tenants in question are in possession of an apartment (or office suite, or whatever the building is divided into)

Jack Doughty
United Kingdom
Local time: 01:18
Native speaker of: English
PRO pts in category: 20
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22 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
occupying the premise concerned


Explanation:
That is to say:

Even if the tenant(s) do(es) not reside in the premise concerned, they(he/she) are(is) responsible for all obligations of Tenant under this Agreement.

See the legal term of entry no. 4 at http://www.thefreedictionary.com/possession

English2Korean
United Kingdom
Local time: 01:18
Works in field
Native speaker of: Native in KoreanKorean

Peer comments on this answer (and responses from the answerer)
disagree  B D Finch: Possession and occupation are not the same and "premise" in the singular is not the singular of "premises" in the property sense.
4 mins
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26 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +4
in possession of the premises


Explanation:
You haven't told us what sort of property this is, so all one can say in answer to your question is that it is the premises of whatever type they are. However, do note that possession and occupation are not the same thing<\b>.

--------------------------------------------------
Note added at 4 days (2010-05-03 08:55:57 GMT)
--------------------------------------------------

Regarding the difference between occupancy and possession: I might possess e.g. a house or business premises without occupying them. I possess them because I have control of the house or premises and have a legal right to exclude others from that property.

"Exclusive possession is not the same as exclusive occupation. Exclusive occupation refers to occupancy of the land - possession is far more than that. Students in university halls, residents in a hotel and persons living in old people's homes have exclusive occupation but they do not enjoy possession, to the exclusion of all others; neither do persons occupying a homeless hostel. One of the key features that is missing from such scenarios is that there is no right to exclude others, and there is no immunity from supervisory control; an occupant of a hostel or home must behave in accordance with the rules of the home, and is not free to carry out whatever activities he wishes unsupervised (see for example Westminster CC v Clarke (1992) 2 AC 288; tenant status of an occupant of a room in a council run hostel for homeless people - assertion that a tenancy existed is incompatible with the "totality, immediacy and objectives of the powers exercised by the Council and the restrictions imposed on the occupant"."

http://www.law-essays-uk.com/revision-area/land-law/study-ar...

--------------------------------------------------
Note added at 4 days (2010-05-03 09:05:04 GMT)
--------------------------------------------------

Excuse the bold typeface. I must have forgotten to cancel the bolding from the previous entry.

B D Finch
France
Local time: 02:18
Specializes in field
Native speaker of: English
PRO pts in category: 16
Grading comment
Thank you very much. Many thanks to all other participants for joining the discussion

Peer comments on this answer (and responses from the answerer)
agree  Lingua.Franca: Clause 26
27 mins
  -> Thanks LF

agree  Tina Vonhof (X)
4 hrs
  -> Thanks Tina

agree  cmwilliams (X)
4 hrs
  -> Thanks cmw

agree  Joyce A
19 hrs
  -> Thanks Joyce
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