A watchman occupies premises solely to look after them for the owner and claims no separate right to remain. Can the watchman obtain a perpetual injunction against the owner based solely on years of…
Question and options
A watchman occupies premises solely to look after them for the owner and claims no separate right to remain. Can the watchman obtain a perpetual injunction against the owner based solely on years of that occupation?
No, because his occupation is that of his employer
Yes, because continuous employment makes occupation independent
Yes, because the duration of the occupation creates a tenancy
Yes, because service occupation automatically becomes adverse possession
Answer and explanation
A watchman who occupies solely for the owner does not acquire an independent possessory right simply by remaining for years. The stated service occupation therefore cannot support a perpetual injunction against the owner.
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