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Definition of Occupier in term of land ownership.

  • 04-08-2008 11:23am
    #1
    Banned (with Prison Access) Posts: 1,284 ✭✭✭


    Hi there.
    I keep coming across references to occupier when reading through legal jargon related to land ownership and land rights.

    What i was wondering, is an occupier someone who is laying a legal claim on a property and as such is an occupier by force or legal right, or possible are they someone who is a lease holder on a property.

    Thanks in advance for any help with this definition

    Regards Ivan


Comments

  • Registered Users, Registered Users 2 Posts: 6,675 ✭✭✭ronnie3585


    S1 Occupiers' Liability Act 1995;

    "occupier", in relation to any premises, means a person exercising such control over the state of the premises that it is reasonable to impose upon that person a duty towards an entrant in respect of a particular danger thereon and, where there is more than one occupier of the same premises, the extent of the duty of each occupier towards an entrant depends on the degree of control each of them has over the state of the premises and the particular danger thereon and whether, as respects each of them, the entrant concerned is a visitor, recreational user or trespasser

    http://www.irishstatutebook.ie/1995/en/act/pub/0010/index.html


  • Banned (with Prison Access) Posts: 1,284 ✭✭✭ivanthehunter


    Does that mean, that in the eyes of the legal system that someone who is a lease holder is seen as an occupier:confused:


  • Registered Users, Registered Users 2 Posts: 2,991 ✭✭✭McCrack


    Does that mean, that in the eyes of the legal system that someone who is a lease holder is seen as an occupier:confused:

    Yes a lessee who is excerising control over a property is deemed an occupier for the purposes of the Occupiers' Liability Act.


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    The occupier is the person who has day to day control of the property.


  • Banned (with Prison Access) Posts: 1,284 ✭✭✭ivanthehunter


    TBH i asked because i was reading through the 1976 wildlife act and in this act the law makes several references to the owner or occupier in terms of what such a person might or might not be allowed do in accordance with the '76 act.

    thanks lads


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