Search for: "Occupants of the Premises or Parties in Possession"
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30 Aug 2021, 1:11 pm
Occupants were in possession of a portion of the premises from January to March of 2018. [read post]
28 Jan 2009, 2:15 pm
The trial court awarded possession of premises to the landlord, and also awarded the landlord $2,350 for rent. [read post]
4 Mar 2014, 1:00 pm
Matlock held Fourth Amendment prohibitions on unreasonable searches and seizures were not violated when the police obtained voluntary consent from a third party who possessed common authority over the premises sought to be searched. [read post]
12 Apr 2017, 1:58 pm
The Surrogate’s Court has the authority to issue to the fiduciary a judgment of possession along with a warrant directing the local sheriff to remove the non-complying occupant. [read post]
17 Jan 2022, 5:52 am
An Illinois divorce court may “[p]rohibit respondent from entering or remaining in any residence, household, or premises of the petitioner, including one owned or leased by respondent, if petitioner has a right to occupancy thereof. [read post]
31 Oct 2022, 11:50 am
Premises liability is also subject to practical restrictions, such as the quantity of insurance that a company or individual possesses. [read post]
25 Jul 2013, 4:13 pm
Section 37 of the Civil Practice Act provides that 'where the occupant or those under whom he claims entered into the possession of the premises under claim of title founding the claim upon a written instrument, as being a conveyance of the premises in question and there has been a continued occupation and possession of the premises for fifteen years the premises so included are deemed to have been held adversely.' [read post]
16 Jul 2015, 8:09 am
Use and occupancy is a legal term which applies to rent paid after the tenant has agreed to surrender possession. [read post]
15 Sep 2019, 3:12 pm
Removing the injunction would suggest that the landlord was entitled to immediate possession, but on the other hand, the injunction did not mean that the tenant was entitled to remain in the premises. [read post]
23 Dec 2020, 12:50 pm
So: i) Occupation must include actual occupation; ii) “If there is more than one candidate, who is in rateable occupation depends on “the position and rights of the parties in respect of the premises in question. [read post]
28 Dec 2015, 8:21 pm
The landowner is considered to be the person in possession and in control of the premises. [read post]
24 Dec 2013, 1:04 am
” [50]Accordingly, the Judge was entitled to conclude that Mr Smart’s predecessors were occupying with consent up until 1984 when Mr Smart took up sole occupation which would defeat his claim for adverse possession as there was less than 12 years between that time and his RTB application.That was enough to dispose of the appeal but the court considered that; in any event, the Judge was entitled to find that Mr Smart was in occupation with Lambeth’s… [read post]
24 Dec 2013, 1:04 am
” [50]Accordingly, the Judge was entitled to conclude that Mr Smart’s predecessors were occupying with consent up until 1984 when Mr Smart took up sole occupation which would defeat his claim for adverse possession as there was less than 12 years between that time and his RTB application.That was enough to dispose of the appeal but the court considered that; in any event, the Judge was entitled to find that Mr Smart was in occupation with Lambeth’s… [read post]
22 Jul 2010, 10:49 am
This means that the successive occupants have to be connected by contract, estate or blood. [read post]
31 Jul 2014, 5:52 am
The statute reads, in relevant part: The owner, lessee, mortgagee in possession or occupant, being the party in control, of a place of assembly, theatre, special hall, public hall, factory, workshop, manufacturing establishment or building shall comply with the provisions of this chapter and the state building code relative thereto, and such person shall be liable to any person injured for all damages caused by a violation of any of said provisions. [read post]
10 Jun 2019, 7:48 am
” The lease had expired but the plaintiff continued to possess the premises and pay rent. [read post]
21 Jan 2010, 5:15 am
In Chohan v McManus [2008] EWCA Civ 1657 the Court of Appeal was considering what constituted occupation of premises for the purposes of an Assured Tenancy. [read post]
21 Jan 2010, 5:15 am
In Chohan v McManus [2008] EWCA Civ 1657 the Court of Appeal was considering what constituted occupation of premises for the purposes of an Assured Tenancy. [read post]
9 Jan 2017, 10:12 pm
"When the party to be evicted is subject to a tenant-at-sufferance clause and the party seeking possession purchased the property at a foreclosure sale and gave proper notice requiring the occupants to vacate the premises, defects in the foreclosure process are not relevant to possession. [read post]
26 Aug 2012, 12:57 pm
By the way, Ruminations thinks a good formulation is that the tenant must return the leased premises, “broom clean, in good condition, and free of occupants, fair wear and tear … excepted. [read post]
