Legal Definitions - occupying claimant

Definition: An occupying claimant is a person who has made improvements to a piece of land that they believed they owned, but later found out that the land did not actually belong to them. This person may have a legal right to recover the cost of the improvements they made under certain statutes.

Example: John buys a piece of land from a seller who claims to be the rightful owner. John builds a house on the land and lives there for several years. Later, it is discovered that the seller did not actually own the land and had no right to sell it to John. John is now considered an occupying claimant because he made improvements to the land that he believed he owned, but it turned out he did not.

Another example: Sarah rents a piece of land from a landlord and decides to build a shed on the property. Later, it is discovered that the landlord did not actually own the land and had no right to rent it to Sarah. Sarah may be considered an occupying claimant because she made improvements to the land that she believed she had a right to use, but it turned out she did not.

These examples illustrate how an occupying claimant is someone who has made improvements to land that they believed they had a right to use, but later found out that they did not. In some cases, the law may allow them to recover the cost of those improvements.