GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW) | ||||||
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09:42 Apr 28, 2010 |
English language (monolingual) [PRO] Bus/Financial - Real Estate / California Civil Code | |||||||
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| Selected response from: B D Finch France Local time: 02:18 | ||||||
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SUMMARY OF ALL EXPLANATIONS PROVIDED | ||||
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4 +4 | in possession of the premises |
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4 | of an apartment |
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4 -1 | occupying the premise concerned |
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Discussion entries: 7 | |
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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) |
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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 |
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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. |
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