TERMIUM Plus®

The Government of Canada’s terminology and linguistic data bank.

DOCTRINE OCCUPATION [1 record]

Record 1 2012-12-03

English

Subject field(s)
  • PAJLO
  • Property Law (common law)
CONT

At common law, a tenant "pur autre vie" could not devise his estate by will and ... it could not pass to his heirs by descent. On his death, however, the land did not revert to the grantor ... and it did not escheat.... By reason of the rule that the freehold must never be vacant, the estate was completed by means of the doctrine of occupancy. If no one was entitled to enter into occupancy, any person who did enter into possession could hold the land during the life of the "cestui que vie" by right of occupancy.... (Anger & Honsberger, 2nd ed., 1985, p. 156).

French

Domaine(s)
  • PAJLO
  • Droit des biens et de la propriété (common law)
OBS

doctrine de l'occupation : terme normalisé par le Comité de normalisation dans le cadre du Programme national de l'administration de la justice dans les deux langues officielles (PAJLO).

Spanish

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