{"id":8653,"date":"2017-11-20T00:58:13","date_gmt":"2017-11-20T00:58:13","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=8653"},"modified":"2018-06-13T05:16:09","modified_gmt":"2018-06-13T05:16:09","slug":"tenancy-the-possession-or-occupancy-of-real-or-personal-property-by-right-or-title","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=8653","title":{"rendered":"tenancy – possession or occupancy of real or personal property by right or title:"},"content":{"rendered":"

\u00a0 \u00a0 \u00a0This page is continued from Property<\/a> >>>> Ownership<\/a>:<\/span><\/strong><\/p>\n

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tenancy<\/span>:<\/span><\/span><\/strong>
\n (16c)<\/span><\/p>\n

1. The<\/span> possession<\/a> or<\/span> occupancy<\/a> of land under a lease; a leasehold interest in real estate.<\/span><\/span><\/strong><\/p>\n

2. The period of such<\/span> possession<\/a> or occupancy<\/a>.<\/span><\/strong>\u00a0 See ESTATE (1).<\/span><\/span><\/p>\n

3. The<\/span> possession<\/a> of real or personal property by right or title, especially under a conveying instrument such as a deed or will. <\/span><\/span><\/strong>[1]<\/span><\/p>\n

1. The<\/span> occupancy<\/a> of a tenant.\u00a0 Possession under right or title.<\/span><\/span><\/strong>
\n\u00a0\u00a0\u00a0\u00a0 A tenancy exists where one has let real estate to another, to hold of him as landlord.\u00a0 When duly created and the tenant put into possession, he is the owner of an estate for the time being, and has all the usual rights and remedies to defend his possession.\u00a0 But a tenancy does not necessarily imply a right to complete and exclusive possession; it may be created with implied or express permission of a right to possession on the part of the landlord, for all purposes not inconsistent with the privileges granted o the tenant.\u00a0<\/span> Morill v Mackman<\/em>, 24 Mich 279<\/span><\/span>.<\/span><\/span><\/strong>
\n \u00a0\u00a0\u00a0\u00a0 See cotenancy<\/em>; \u00a0joint tenancy<\/em>; privy; re-entry<\/em>; tenant<\/em>; use and occupation<\/em>. [2]<\/span><\/p>\n

1. The right to hold and occupy realty or personality by virtue of owning an interest in it.<\/span><\/strong><\/span><\/p>\n

2. Possession of realty under a lease; the relationship existing between a landlord or lessor and a tenant or lessee.<\/span><\/strong><\/span><\/p>\n

3. A term for the interest a tenant has under a lease.<\/strong> [3]<\/span><\/p>\n

tenant<\/span>:<\/span><\/strong>
\nn<\/em>. (14c)<\/span><\/p>\n

1. Someone who holds or possesses lands or tenements by any kind of right or title.<\/strong> [1]<\/span><\/p>\n

1. One who occupies the premises of another in subordination to that other person’s title and with his assent express or implied. 32 Am J1st L & T\u00a0\u00a7 2<\/span>.<\/span><\/strong><\/p>\n

Broadly, any person having a tenancy.<\/span><\/strong><\/p>\n

A tenant, although having exclusive possession,, charge, and control, is not an owner of the land within a satute making it unlawful for any person to hunt on the land of another without first having obtained permission of the owner. Anno: 2 ALR 799, s. 95 ALR 1099<\/span>.<\/strong> [2]<\/span><\/p>\n

1. A person who holds or possesses realty or personality by virtue of owning an interest in it.<\/span><\/strong><\/p>\n

2. A person who occupies realty under a lease with a landlord; a lessee.<\/strong> [3]<\/span><\/p>\n

Related Terms:<\/span><\/strong><\/p>\n

occupancy<\/span><\/a> – the act of taking\u00a0<\/span>possession<\/a> of something that has no apparent owner (such as abandoned property) so as to acquire legal ownership.<\/span><\/span><\/strong><\/p>\n

possession<\/span><\/a> – the detention or use of a physical thing with the intent to hold it as one’s own.<\/span><\/span><\/strong><\/p>\n

Various Forms of Tenancy:<\/span><\/strong><\/span><\/p>\n

cotenancy<\/a><\/span> – a tenancy with two or more cotenants who both have the right of undivided possession of the property<\/a> as a whole.<\/span><\/strong><\/span><\/p>\n