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Occupancy is a concept in property law defined as the state of possessing or residing on a piece of property. Both owners and tenants can be in occupancy of a property. 

Actual occupancy of a piece of property is a necessary condition in many states for a successful adverse possession claim. At common law, occupancy is often defined as the ordinary use to which the land is capable and which an owner would make of it. As a result, the specific behaviors that demonstrate occupancy are contextually dependent on the type of property.

In landlord-tenant law, a lease can provide a tenant with the right to occupancy. Furthermore, a property may be considered unfit for occupancy within the terms of lease, resulting in the termination of the lease. 

[Last updated in August of 2023 by the Wex Definitions Team]