Also known as: rights of occupancy · right to occupancy · occupancy right · right to occupy
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A limited possessory interest acquired by a lessee when one joint tenant leases her share without severing the tenancy. The lessee steps into the shoes of the leasing joint tenant for the lease term and holds as a cotenant with the others. Upon the death of the leasing joint tenant the lease terminates and the surviving joint tenants take the entire estate free of the encumbrance.
A limited possessory interest acquired by a lessee when one joint tenant leases her share without severing the tenancy. The lessee steps into the shoes of the leasing joint tenant for the lease term and holds as a cotenant with the others. Upon the death of the leasing joint tenant the lease terminates and the surviving joint tenants take the entire estate free of the encumbrance.
Select any source to read its text and confirm it supports the definition.
A possessory right granted by the sovereign to an indigenous tribe or individual based on long-standing use of land. The right protects against intrusion by third parties yet remains subject to termination by the sovereign without compensation and does not confer full fee ownership.
Select any source to read its text and confirm it supports the definition.
A possessory right granted by the sovereign to an indigenous tribe or individual based on long-standing use of land. The right protects against intrusion by third parties yet remains subject to termination by the sovereign without compensation and does not confer full fee ownership.
Each sense below has its own examples, sources, and questions.
Rosa Ruiz and Roland Rhodes held Blackacre as joint tenants. Rosa leased her undivided interest to Ridgeway Partners for five years. Ridgeway took possession and paid rent to Rosa. Rosa died two years later. The lease terminated automatically and Ridgeway lost any right to remain because the surviving joint tenant took the entire estate free of the encumbrance.
Rebecca Ross purchased a home in a neighborhood subject to a racially restrictive covenant. Local officials refused to allow her to occupy the property because of her race. The covenant prevented her from exercising any right of occupancy despite her valid purchase.
Riverside Healthcare leased warehouse space from a joint tenant who later died. The company had installed specialized equipment during its term. After the lessor joint tenant died the surviving joint tenant demanded removal of the equipment. Riverside retained only the limited right of occupancy that existed at the time of the lease and could not claim any greater interest against the survivor.
Roberto Reyes sought to occupy a residence in a block where most homes were occupied by persons of another race. A city ordinance prohibited him from moving in. The ordinance directly impaired his right of occupancy on racial grounds.
Renee Rogers leased a mobile-home pad from a joint tenant. The city later imposed rent-control rules that restricted the landlord joint tenant's ability to raise rent. After the landlord joint tenant died the surviving joint tenant sought to end the tenancy. The lessee held only the original right of occupancy and could not rely on the rent-control rules to extend possession beyond the joint tenant's death.
The lease terminates automatically. The surviving joint tenants take the entire estate free of the lease because the lessee acquired only the right of occupancy held by the deceased joint tenant.
Supporting sources
No. Such covenants violate the Fourteenth Amendment because they deny the right of occupancy on racial grounds even when imposed by private agreement enforced through state courts.
Supporting sources
Rosalind Reed held land under an aboriginal right of occupancy. A state law temporarily suspended mortgage foreclosures during an economic emergency. The moratorium delayed but did not enlarge the underlying right of occupancy which remained subject to sovereign termination.
It confers only a right of occupancy. The sovereign may terminate the right without compensation and without creating a compensable property interest under the Fifth Amendment.
Supporting sources
…recognition to the same principle. Buchanan v. Warley , 245 U.S. 60 (1917). It is likewise clear that restrictions on the right of occupancy of the sort sought to be created by the private agreements in these cases could not be squared with the requirements of the Fourteenth Amendment if imposed by state statute or local…