Premises: Definition and Applications

A comprehensive coverage of 'Premises', including its definition, types, legal context, and relevance in various fields such as real estate and workers' compensation.

The term “premises” encompasses various legal and practical definitions depending on the context in which it is used. Primarily recognized in real estate and law, the term generally refers to:

• Land and its appurtenances: This includes the land itself and any buildings or structures erected upon it.
• Workplace context: Any place where an employee might be during the course of their employment, specifically concerning injuries covered under Workers’ Compensation Acts.

Real Estate and Property Law

In real estate, “premises” refer to a specific plot of land, along with any improvements or buildings situated on it. This definition is crucial for determining property boundaries, ownership rights, and associated responsibilities such as maintenance and taxes.

Types of Premises

• Residential Premises: Dwellings designed for people to live in, including houses, apartments, and condominiums.
• Commercial Premises: Properties used for business activities like offices, retail stores, and warehouses.
• Industrial Premises: Locations designated for manufacturing, production, or storage of goods.

Workers’ Compensation

When referenced in an employment context, premises extend to any location where an employee might be while performing job-related duties. According to Workers’ Compensation Acts, if an employee is injured on the “premises” of their employment, they may be eligible for compensation. This includes not just the primary workplace but any offsite locations visited as part of work duties.

Coverage and Liabilities

• Injuries occurring on the employer’s physical locations (factories, offices, etc.).
• Accidents or injuries that take place offsite but are within the scope of employment (client meetings, deliveries, etc.).

Historical Context

The use of “premises” has evolved over time. Initially grounded in property law, its first recorded use dates back to when land and ownership were strictly defined and recorded for taxation and legal purposes.

Comparisons and Related Terms

• Real Property: Encompasses land and any permanent structures attached to it. “Premises” is often used interchangeably with this term.
• Property: A broader term that includes both real estate (land and buildings) and personal property (movable items).

FAQs

Are fixtures considered part of the premises?

Yes, fixtures (items permanently attached to a building or land) are generally considered part of the premises.

Can an employee claim workers' compensation for injuries sustained off the main workplace?

Yes, if the injuries occur during the course of employment, they are typically covered by workers’ compensation.

What are appurtenances?

Appurtenances are additional rights or privileges associated with the land, such as easements or the right to use a shared driveway.

References

1. Real Estate Law By George J. Siedel
2. Workers’ Compensation Law: A Practical Guide by Wesley G. Marshall

Summary

The term “premises” is fundamental both in real estate/property law and in the context of employment. It encapsulates land and its appurtenances, and extends to any location pertinent to an employee’s duties for workers’ compensation purposes. Understanding this term’s multifaceted applications is essential for professionals in law, real estate, and human resources.