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Legal Definitions - commorancy

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Simple Definition of commorancy

Commorancy refers to the state of residing in a particular place. While it can mean temporary residency, in English law, it specifically denotes permanent residency in a certain location.

Definition of commorancy

Commorancy refers to the act or state of residing in a particular place. This term has two distinct meanings depending on the context:

  • 1. Temporary Residency: In its general sense, commorancy describes a stay in a location that is not intended to be permanent. It implies a limited or transient period of residence.

    • Example 1: A traveling nurse accepts a three-month contract at a hospital in a different state. During this period, they rent a furnished apartment near the hospital, intending to return to their permanent home once the contract concludes.

      Explanation: The nurse's stay in the new state is for a defined, limited duration, making it a temporary residency or commorancy. They do not intend to establish a permanent home there.

  • 2. Permanent Residency (English Law): Historically, particularly in English law, commorancy referred to the state of having a fixed and permanent dwelling in a specific place. It signified a settled and continuous abode, often with associated legal duties or rights within that community.

    • Example 2: In 18th-century England, a landowner who had inherited their family estate and lived in the same village for their entire life, participating in local governance and fulfilling their obligations to the parish.

      Explanation: This individual's long-term, established presence and fixed abode in the village would have been considered a permanent residency or commorancy under historical English law, indicating their deep roots and responsibilities within that community.

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