The Occupation Theory Of Property - 2831 Words

THE OCCUPATION THEORY OF PROPERTY One of the most basic understandings of property law is to be understood from ‘The Occupation Theory of Property’. This theory clearly states that a person taking over any property or land is the owner of it and hence this also brings in the First Occupancy Theory giving the individual the superior legal right to occupy and control the property from there on. The concept of being there first and seizing the property or land justifies the direct ownership of the land. Discovery and Conquest Theories could come into play in the Occupancy Theory, but has to understand that Conquest Theories were generally by kingdoms and conquerors who would have strong military power to overthrow any occupant of the land by force even though the previous occupant would have been the first one to discover the land and treating it like his own. Thus obtaining the land by force or illegally is at the end of the day obtaining the land and making one the occupant of that piece of land or proper ty. Furthermore in other cases if the original owner has been the possessor of the land over a long period of time then the possessory title would not be accessible or available as such documents stating the land belonging to the person are not available. The land can only be taken by brute force, or by the occupant being deceased and not having an heir. This is known as Adverse Possession of Land which states that the person in possession of the land from the previousShow MoreRelatedThe Marxist Feminism Theory And The Social System1176 Words   |  5 Pagesdiscussed. This theory believes social structure shapes the group’s behaviours and perspectives. People who have a higher socioeconomic status have better health. Secondly, the Marxist feminism theory is a structure based theory and several debates arose in regards to the theory. 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