Home Owners Occupiers

Owners Occupiers

Who Are Invitees?

Who Are Invitees?

Invitees differ from licensees in that the person has been “invited” to enter the property owner.
Most commonly, an invitee is a person that enters a property for a specific business purpose, such as a patron in a restaurant. A patron in a restaurant is an invitee that is implied by the business existing, indicating being open, and inviting customers to enter to eat at their facility. 
The patron of the restaurant must be kept safe at all times from any dangers that they may encounter in the restaurant that could be created during their visit. Usually this can be in the case of a “wet floor sign” being posted near an area of the floor where a liquid was spilled, or was recently mopped. 
This warning is a proof that the owner of the establishment has made an attempt to warn his patrons of the danger that if they are not careful in that area, or choose to walk through it, that they may slip and fall causing harm to themselves. Another example of the owner looking after the well being of the patron would be requiring that all servers inform their patrons when a plate of food may be too hot in temperature to touch, that could end up burning them. 
In this case the server using a protective measure, would place the plate where the patron wanted it and urging them not to touch it. If the person chose to still touch the place afterwards, and was burned due to that touch, then they could not hold the owner or restaurant liableresponsibilityThe safety of a invitee is the most important aspect for an owner of a property to take care of. This is because it is expected when giving the consent of entrance to the person.

The Relationship Between Lessor & Lessee

The Relationship Between Lessor & Lessee

The agreement between a lessor and lessee occurs when the ownersell 
After the transfer of land to a lessee, the lessee is given the entitlements of owner and occupier over that land. This means that the lessee will inherit both the power and the tasks and responsibilities that come with being an owner of a land. This dissolves the lessor of any prior responsibilities
In a lease agreement, the lessee is also responsible for complying with the payments established by the lessor at the proposed time. This includes payments made initially, as well as payments that a lessee may incur on a monthly basis. The payments must be made on time, and they do include a grace period (usually 5) days, in order to be in good standing with the lessor and credit. At the point of signing, the lessor is released from any responsibilities over that land that are or are not mentioned in the lease agreement. 
Since such details as well as others are significant to the understanding of a lease and its entitlements, it is likewise of high importance that the lessee review a lease agreement carefully and make sure that all items in it are discussed. This can prevent any confusion, and future disagreements between the lessor and lessee.

The Tort Law Behind Licensees

The Tort Law Behind Licensees

People who become licensees by receiving the consent to occupy or use a particular land are usually dubbed “naked” or “bare” licensees. This may be an unpleasant name for such a person, but they are referred to as such due to the fact that their consent is the mere factor that differentiates a licensee from a trespasser.

The Guide to Owners & Occupiers

The Guide to Owners & Occupiers

Outside of the Premises
The concerns for areas outside of the premises of a given property deal with the condition of such a property. This is in direct regards to certain factors and attributes such as structural or fixtures on the property that could have an effect on the immediate areas surrounding it. Any disturbance to the area outside of the premises is a public nuisance and can present itself in many different ways. 
This can deal with things such as noise, and odor, as well as unseen damages by emissions on a commercial property. There are regulations that prevent property owners from disrupting people in such proximity to their property to prevent issues that negatively affect the public. Also, there are matters that protect the livestock on a property from noise nuisance in some cases, so these would be in respect to animals and not just the people around the premises. 
Trespassing Adults
The term trespassing adults refers to any person who has been found to be entering, occupying, or traveling through a property that is owned by someone else without that owner’s permission or consent.  Because the person is an adult by the age standards set, they are subject to facing trespassing charges as an adult for their actions. These people do not hold licenses or “invitations” to make use of such property and in addition may be in direct violation to postings that warn people of prosecution due to their trespass.  
The trespassing committed can vary in nature and description, which are the determining factors for punishment. The punishment for adults is more grave than that for minors, dependant on the details of the act committed. A trespass can also relate to a person violating a person’s personal space if they choose to attack them physically in some instances. 
Trespassing Minors

Trespassing minors deals with unlawful occupancy over a property by a person who is deemed a minor by the age statutes set. In most cases there are individuals who occupy a property without permission or consent for their own mischievous purpose, commonly among teenagers.  Most trespassing charges with such youths deal with loitering on abandoned property, or sometimes causing damage to property due to peer pressure.  
An example of trespassing minors would be a group of minors entering a commercial property such as a factory to throw rocks at windows of the building. The crossing of the fence alone is considered trespassing, unless there was no fence and the individuals entered through an implied license or invitation such as that of being in a mall parking lot and committing the same action. Regardless, the damage to the structure is still a crime on its own, the question of trespass would be dismissed. 


Licensees
Licensees are persons that are given a license, as a form of permission, to enter a property lawfully. Such persons are to enter the property for a reason  that does not have to be in the best interest or benefit of the owner.  By being granted the license to enter and occupy such property, this individual is exempt from trespassing status, and is completely abiding with the law.  Licensees are typically regarded with less respect and/or benefits than an invitee. An example of a licensee would be a person entering a field to watch a game on the bleachers of that field, that is owned by the town, county, or other organization. This person is free to enter and leave the property as posted, but the owners of the field are not responsible for that person while on their property. 
Invitees
Invitees, like licensees, have the lawful right to enter, occupy, and travel through a property with the permission and consent of the owner. Invitees are typically patrons of restaurants, bars, etc.. and customers of retail stores, and other types of stores. These individuals have the right to enter the premises and occupy the space for the purpose of eating or shopping, so that the owner of that property conducts business.  
The difference between an invitee and a licensee, is that they benefit in case any harm is caused to them while occupying such a property. The owner is liable to keep an invitee safe while on the property, and avoiding any harm or danger that may present themselves to the person. This includes informing the customers and patrons of any impending danger they may endure while visiting the property.  If they are subject to any injury, then the owner if the property is liable for the damages caused. 

Abolition of Categories
The abolition of categories such as licensees and invitees was made in certain jurisdictions to avoid favoring one lawful entrant over another. It started in England and made its way over to the United States shortly after. A few cases presented themselves of personal injury in properties where the owner was believed to be liable, even though the person injured was a licensee. Court battles were won by these individuals, which in turn abolished the categorization of an invitee and a licensee. 
This gave both parties equal rights to be treated the same in case of an injury while occupying the property. After the first case, others occurred in varying states which caused these jurisdictions to join in. Although most states joined, some did not and still keep a distinct separation of licensee and invitee. 
Lessor & Lessee

Lessor is a person who chooses to transfer ownership over their land to a new person, assuming the responsibilities over that land. The lessee is the occupant that takes ‘ownership’ of that land for a specified period of time and fee, as stated in a lease agreement. This occurs mainly with an owner renting out a piece of property for a given term. 
Once the lessee takes possession of such property, they are responsible for maintaining it, the things that occur on the property and around it. The owner is not liable for any harm caused to people on the land unless he had prior knowledge and did not notify the new occupant prior to transfer. In the lease agreement, the lessee does not receive the title of the property, simply a ‘temporary ownership’ of it. 
A vendor and vendee are established when property is sold from by its current owner, to a new owner. The buyer of such property is recognized as the vendee, while the seller is known as the vendor. Once the property has been purchased, the title of that property is conveyed to the vendee, and full ownership of that property is acquired. Along with ownership, the vendee assumes all the rights and responsibilities that an owner of that property must endure. 
The former owner (vendor) is relieved of all duties of ownership that prior belonged to him. Any injuries that occur on the property or harm to others, are now held liable to its current owner. The only way such liability would belong to the prior owner, is if he did not notify prior to or at the time of purchase, to the buyer, that such dangers existed on the property or could exist at a given point in time. In this case, the failure of information could result in the liability being turned over to the vendor, rather than the vendee.

What Does Outside of the Premises Mean?

What Does Outside of the Premises Mean?

The reference of outside of the premises as it relates to owners and occupierspropertyowner
Regulatory measures are taken to improve the quality of life of both people on a given premise, and the people outside of the premises around them. This is not limited to the people but also to their pets, animals, or other property that is subject to any influence of a given property or person. While taking into account the area outside of premises, more positive things can be achieved for people altogether.

Abolition of Category Laws

Abolition of Category Laws

Following a statute in England, the United States joined in the abolition of laws that classify those that lawfully enter a propertyowners
 
 
Once certain laws were passed as the primary steps toward such a change, individual states began to abolish the categorization on their own. Following by example, more and more jurisdictions gathered and universally agreed to do the same. Specifically, the case of Rowland vs. Christian in California extinguished the separation of invitees and licensees in regards to entitlements. 
 
 
There was also a case in Massachusetts in 1973 recorded as Mounsey vs Ellard. This case dealt with a person who happened to be a police officer was delivering a summons to another person at their home. During his course of work, the officer fell on ice that had accumulated on the premises of the person and injured. 
 
 
The officer under the set circumstances at the time, would be known as a licensee on that property and the owner of the home would not be held liable for the injury of that person. This case helped change that by imposing negligence on the home owner and doing away with the classification of a licensee and invitee.
 
 
In Nebraska the Heins vs. Webster County case brought upon the similar issue of liability with premises. This case dealt with a father visiting a daughter who was an employee at a county hospital, making him a licensee on the property. On his way out of the hospital, he slipped near the entrance and caused a great deal of harm to his back upon landing. 
 
 
The man did not receive recovery under the current Nebraska law labeling him a licensee. The state's Supreme court later argued the categorization of licensees and invitees was wrong, and abolished its existence. The court ruled that there must be a certain standard care for people lawfully entering a premise, under reasonable terms. These cases and many others such as Basso vs. Miller in New York State, helped raise awareness for such changes to be made on a national level. 
 
 
Soon after, jurisdictions nationwide began to make these changes prior to finding themselves in the position of being forced to do so, due to a similar case. It was clear that there needed to be a change made to avoid lawsuits, and to grant people that were lawfully entering a property the equal rights and protection regardless of their reason for entry. This of course does not deal with trespassers in any way shape or form, strictly the lawful occupants on premises. 
 
 
Although a great number of jurisdictions followed the example and abolished the categorization of licensees and invitees, certain ones have held their stance on maintaining a distinguished division between licensees and invitees.