Legal Definitions - tertenant

Tertenant

The term tertenant refers to the actual occupier or possessor of land, regardless of whether they hold legal title or have a formal right to be there. It emphasizes the physical control and use of a property, distinguishing the person on the ground from the legal owner or landlord.

Here are some examples illustrating the concept of a tertenant:

• Imagine a family renting an apartment in a large city. The landlord owns the building and holds the legal title to the property. However, the family living in the apartment is the tertenant of that specific unit. They physically occupy it, use it daily, and have immediate control over their living space, even though they do not own it.

• Consider a small business that leases a storefront in a shopping center. The owner of the shopping center is the legal proprietor of the land and building. The business, however, is the tertenant of its leased storefront. It operates from that location, controls access to its premises, and uses the space for its commercial activities, demonstrating physical possession.

• Suppose an individual discovers an old, disused barn on a large rural estate and begins to live there without the owner's permission. Even though this individual has no legal right or title to the barn, they are the tertenant. They are the one physically occupying and controlling the structure, illustrating that the concept focuses on actual possession rather than lawful ownership.