- 27 May 2014
Being a 'mere occupier' is the issue, rather than an occupier with rights of possession.And the key argument supporting me not being occupier?
So in your situation, son living at home with parents, you are all occupiers, but with different rights:
Parents = Occupiers with right of exclusive possession
Son = Occupier with licence to live at the property
There are different rights afforded to a mere occupier (think licensee) versus an occupier who has rights of possession. It is the occupier with exclusive possession who has the right to sue for trespass. An occupier who merely has a license (such as boarder, or son and daughter living with parents and parents have ownership of the land) has no right to sue for trespass. Now re-read the case again looking at the section headed Right to Sue
Keep in mind rights can be transferred at various times, such as if parents go overseas for say 8 weeks leaving control of the property to their son.