Legal Definitions - nonoccupier

A nonoccupier is an individual who is present on a piece of land or property but does not own, lease, or otherwise have a primary right to possess or live there. This term is particularly relevant in property law, especially when determining the duties and responsibilities of a property owner or tenant towards people who come onto their land.

Nonoccupiers are typically individuals who have been permitted to enter the property, either explicitly or implicitly, for various reasons. Their legal status (e.g., as an invitee or a licensee) often dictates the level of care the property owner owes them regarding safety.

Here are some examples illustrating the concept of a nonoccupier:

• Example 1: A Customer in a Store

  Imagine a person browsing the aisles of a supermarket. This individual is a nonoccupier because they do not own, manage, or reside in the supermarket building. They are present on the property with the store's implied permission, typically for the purpose of shopping, but they do not have any right to possess or control the premises.

• Example 2: A Guest at a Private Residence

  Consider a friend who is invited over to someone else's house for a dinner party. The visiting friend is a nonoccupier of the house. They are on the property with the homeowner's permission for a social visit, but they do not live there, pay rent, or have any ownership rights. Their presence is temporary and by invitation.

• Example 3: A Package Delivery Driver

  A courier delivering a parcel to a residential address and walking up the driveway to the front door is a nonoccupier. The driver is on the property temporarily to perform a specific service. They do not reside at the house, own it, or have any long-term right to be there beyond the scope of their delivery duties.