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Glossary entry

English term or phrase:

in possession

English answer:

in possession of the premises

Added to glossary by B D Finch
Apr 28, 2010 09:42
14 yrs ago
27 viewers *
English term

in possession

English Bus/Financial Real Estate California Civil Code
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?
Responses
4 +4 in possession of the premises
4 of an apartment
4 -1 occupying the premise concerned
Change log

May 6, 2010 13:52: B D Finch Created KOG entry

Votes to reclassify question as PRO/non-PRO:

Non-PRO (1): Lingua.Franca

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Discussion

B D Finch May 3, 2010:
Possession vs. occupancy See the note that I have just added to my answer. Yes, one can be in possession of a property by occupying it without rightful ownership (adverse possession) and can even establish title by being in unopposed adverse possession for 12 (or is it 14?) years. However, one can be in occupation of property without being in possession (e.g. a lodger, a hostel resident) and can be in possession without occupying (e.g. when a property is empty or occupied under licence or informal agreement by somebody else).
Sterk (asker) May 3, 2010:
to Finch: Technically, you have answered the question asked, and your answer is accepted. But I don't see how you can interpret "possession" in "whether or not in possession" otherwise than "occupancy". In this regard I would more agree with English2Korean, whose suggestion is also supported by his reference to possession: 4. Law Actual holding or occupancy with or without rightful ownership.
Lingua.Franca Apr 28, 2010:
Possession ... may have a very specific meaning in a legal context, maybe even very specific meaning in a Californian legal context.
B D Finch Apr 28, 2010:
possession KudoZ really is not the appropriate forum for detailed legal seminars. However, "possession" is basically about having control of property.
Sterk (asker) Apr 28, 2010:
so it is closer in meaning to "use", isn't it?
Lingua.Franca Apr 28, 2010:
Clause 26 Sterk,

The answer to your question is in Clause 26 of the agreement: "Tenant is already in possession of the Premises."
Sterk (asker) Apr 28, 2010:
You can find this document at
http://www.californiare.net/Forms/Resid Lease or Month-Month...

Responses

+4
26 mins
Selected

in possession of the premises

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...

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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.
Peer comment(s):
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
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you very much. Many thanks to all other participants for joining the discussion"
5 mins

of an apartment

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)
Something went wrong...
-1
22 mins

occupying the premise concerned

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
Peer comment(s):
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
Something went wrong...
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