M Civ JI 19.02 Possessor of Land - Definition

A “possessor” is defined as—

(a) a person who is in occupation of the land with intent to control it; or

(b) a person who has been in occupation of land with intent to control it, if no other person has subsequently occupied it with intent to control it; or

(c) a person who is entitled to immediate occupation of the land, if no other person is in possession as I have just explained.

Note on Use

This instruction should be given if there is a dispute as to who had possession of the land. Orel v Uni-Rak Sales Co, 454 Mich 564; 563 NW2d 241 (1997). If it is not an issue, this instruction should not be given. Orel.

Comment

See Merritt v Nickelson, 407 Mich 544; 287 NW2d 178 (1980).

A mortgagee not in actual possession and control of the premises during the mortgage foreclosure redemption period is not considered a possessor. Kubczak v Chemical Bank & Trust Co, 456 Mich 653; 575 NW2d 745 (1998).

History

M Civ JI 19.02 was added January 1982.