Occupancy

Definition and stakes

Portrait of Henry James Sumner Maine Henry James Sumner Maine,  Ancient Law (1861)

“ To all who pursue the inquiries which are the subject of this volume Occupancy is pre-eminently interesting on the score of the service it has been made to perform for speculative jurisprudence, in furnishing a supposed explanation of the origin of private property. It was once universally believed that the proceeding implied in Occupancy was identical with the process by which the earth and its fruits, which were at first in common, became the allowed property of individuals. ”
Source: Wikisource

Portrait of William Blackstone William Blackstone,  Commentaries on the Laws of England (1768)

“ However, both sides agree in this, that occupancy is the thing by which the title was in fact originally gained; every man seising to his own continued use such spots of ground as he found most agreeable to his own convenience, provided he found them unoccupied by any one else. ”
Source: Wikisource

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