A person or entity that occupies land with intent to control it and to exclude others from it. The status confers privileges to use the land consistently with any easements and to grant or withhold consent to entry by others.
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How its tested
Common Examples
6
Servient Owner Adds Loading Bays
Silver Logistics owns a trucking depot subject to an easement allowing Gold Logistics trucks to pass at all hours. Silver Logistics restripes the yard to add two new bays that narrow the lane by four feet. Gold Logistics trucks still pass without stopping, though drivers must slow down and make tighter turns.
Bank Manager Blocks Restricted Office
At a bank branch, assistant manager Luis sees customer Dana stride toward a glassed-in back office marked Employees Only. Luis orders her to stop, then shoves her back through the doorway when she ignores the command. Dana sues Luis for battery after the contact.
Lena leases slip 14 at a privately operated marina. Captain Ortiz attempts to tie his boat there after receiving a mistaken marina email. Lena forcefully shoves Ortiz into a piling to stop him from occupying the slip.
Lab Director Stops Vial Removal
Harris, the lab director for NovaPharm, sees junior scientist Lee loading proprietary vials into a personal cooler. Harris orders Lee to stop and put the vials back. When Lee ignores the order, Harris grabs his sleeve and pulls him away from the freezer.
Intruder Leaves After Consent Revoked
Karen cuts through a side gate to retrieve her laptop from a fenced server farm after hours. Security dogs attack her. After the dogs are called off, Karen leaves the property promptly by the nearest exit.
Landowner Liability for Hidden Hazard
A tenant falls through an uncovered equipment trench on leased amphitheater grounds the night before an event. The trench was left exposed during setup by the event promoter. The tenant sues both the property owner and the promoter for the resulting broken leg.
Nancy Christian was the tenant of an apartment whose lessors had been notified by her on November 1, 1963, that the knob of the cold water faucet on the bathroom basin was cracked and should be replaced. On November 30, 1963, plaintiff Rowland entered the apartment at Christian's invitation as a social guest and was injured while using the bathroom fixtures when the porcelain handle of one of the water faucets broke in his hand.
The injury severed the tendons and medial nerve in Rowland's right hand. He incurred medical and hospital expenses, suffered loss of wages, and sustained damage to his clothing. Rowland later filed a complaint alleging that the bathroom fixtures were dangerous, that Christian was aware of the dangerous condition, and that his injuries were proximately caused by her negligence.
Christian filed an answer containing a general denial except that she admitted telling the lessors the faucet was defective and should be replaced. She also alleged contributory negligence and assumption of the risk on the ground that Rowland had failed to use his eyesight and knew of the condition of the premises. Christian supported her motion for summary judgment with an affidavit stating that Rowland was a social guest who had used the bathroom on a prior occasion and that the handle broke while he was using the faucet.
In opposition, Rowland filed an affidavit stating that immediately prior to the accident he told Christian he was going to use the bathroom facilities, that she had known for two weeks that the faucet handle was cracked, that she had warned the manager of the building of the condition but nothing was done to repair it, that she did not warn him of the condition, and that the handle broke when he turned off the faucet. The trial court granted summary judgment for Christian, and Rowland appealed.
When may a possessor of land use reasonable nondeadly force against an intruder?
A possessor may use reasonable nondeadly force to prevent or terminate an unprivileged intrusion when the possessor reasonably believes the force is necessary and either first requests the intruder to desist or reasonably believes a request would be futile or that substantial harm will occur before a request can be made.
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Does consent to enter one part of land allow entry on other parts?
Consent given by a possessor of land to the actor's presence on a part of the land does not create a privilege to enter or remain on any other part.
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Is consent obtained by duress effective to permit entry?
Consent obtained by duress upon the possessor of land exerted by the actor, or by a third person to the knowledge of the actor, is not effective as a consent to his entry.
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What privilege exists when consent to remain on land is terminated?
If the consent of a possessor of land to the actor's presence on the land is terminated or suspended, the actor's presence on the land while leaving it with reasonable promptness and in a reasonable manner is privileged, as against the possessor or his transferee, unless the actor knew or had reason to know the time of such termination or suspension a reasonable period in advance.
…from the fundamental concept that a man is liable for injuries caused by his carelessness is with regard to the liability of a possessor of land for injuries to persons who have entered upon that land. It has been suggested that the special rules regarding liability of the possessor of land are due to historical considerations…