other rights of that nature, is only a quasi. Bailment is often regarded as the separation of ownership and possession. That All that is required is an intention to possess something for the time being. Normally, it is proved by the acts of control and surrounding circumstances. In civil cases intent is rarely a part of possession. Usually, intention precedes control, as when you see a coin on the ground and reach down to pick it up. Likewise, people often speak of the things they own, such as clothes and dishes, as their possessions. possession. 777; 5 Co. 13; 7 John. Com. Learn how and when to remove these template messages, Learn how and when to remove this template message, https://en.wikipedia.org/w/index.php?title=Possession_(law)&oldid=958291507, Articles needing additional references from December 2014, All articles needing additional references, Articles needing unspecified expert attention, Articles needing expert attention from February 2015, Articles with multiple maintenance issues, Creative Commons Attribution-ShareAlike License, This page was last edited on 22 May 2020, at 23:56. For example, an owner of a car could lend it to someone else to drive. Omissions? 116; Hamm. As a result, possession, or lack of possession, is often the subject of controversy in civil cases involving real and personal property and criminal cases involving drugs and weapons—for example, whether a renter is entitled to possession of an apartment or whether a criminal suspect is in possession of stolen property. an infant of sufficient understanding may lawfully acquire the possession of Historically, actual possession was required for a criminal possession conviction. Possession, in law, the acquisition of either a considerable degree of physical control over a physical thing, such as land or chattel, or the legal right to control intangible property, such as a credit—with the definite intention of ownership.With respect to land and chattel, possession may well have started as a physical fact, but possession today is often an abstraction. Law, 919; 19 Jurist, Many times these modifiers are combined, as in "joint constructive possession." https://www.britannica.com/topic/possession-property-law. Possession can be obtained by a one-sided act by which factual control is established. St. Paul, Minn.: West. 504 [1914]). 193; 1 Ves. & McH., 210; 4 Bibb, R. 412, 6 Cowen, R. 632; 9 Cowen, R. 241; 5 Wheat. Most property possessed is obtained with the consent of someone else who possessed it. art. A possessor of an estate loses the possession against his Constructive, when a If unknowingly sat on and therefore had control of a $10 note on the seat of a train, he or she could obtain possession by becoming aware of the note and forming the intention to possess it. possession, or interfered with the usurper's possession. 11 Vern. Most courts say that constructive possession, also sometimes called "possession in law," exists where a person has knowledge of an object plus the ability to control the object, even if the person has no physical contact with it (United States v. Derose, 74 F.3d 1177 [11th Cir. the street furniture or clothes, of which he no longer chooses to make use. Jr. 27; 11 Ves. 2dly. Possession Law and Legal Definition. By the possession of a thing, we always conceive the condition, in every other person's dealing with it is capable of being excluded. Possession may be enjoyed by the proprietor of the, thing, or by Be on the lookout for your Britannica newsletter to get trusted stories delivered right to your inbox. Possession may be a right in itself. be sufficient to constitute larceny, vide 2 Chit. [1] The intention to exclude others from the suitcase and its contents does not necessarily amount to the guilty mind of intending to possess illegally. Lafave, Wayne R., and Austin W. Scott, Jr. 1995. One may also choose to terminate possession, as one throws a letter in the trash. R. 109; 2 Har. A temporary transfer of possession is called a bailment. Id. There is a rebuttable presumption that the possessor of property also has the right of possession, and evidence to the contrary may be offered to establish who has the legal right of possession to determine who should have actual possession, which may include evidence of ownership (without assignment of the right of possession) or evidence of a superior right of possession without ownership. 5. Furthermore, except in the most abstract way, it is not possible to speak of the possession of intangible property. A person may also have sole possession or joint possession. 2. The ownership, control, or occupancy of a thing, most frequently land or Personal Property, by a person.The U.S. Supreme Court has said that "there is no word more ambiguous in its meaning than possession" (National Safe Deposit Co. v. Stead, 232 U.S. 58, 34 S. Ct. 209, 58 L. Ed. law. Prohibited items are defined under both federal and state law, and are generally items considered to be harmful to the public, such as unauthorized weapons, illicit drugs, and drug paraphernalia . as by occupying a house, cultivating ground, or retaining a movable in his 3399. When you return to recover the book, even though the waiter has possession, you have a better right to possession and the book should be returned. be with an intent to possess (animus possidendi), hence persons who have no A servant or an employee, for instance, may have custody of an object, but he does not have possession; his employer does, even though he may be thousands of miles from the object he owns. h.t. without intending to abandon the possession. For example, the library continues to own the book while you possess it and will have the right to possess it again when your right comes to an end. 78 [1920]). For example, possession may be actual, adverse, conscious, constructive, exclusive, illegal, joint, legal, physical, sole, superficial, or any one of several other types. by virtue of a just title, and under the conviction of possessing as owner. Although the two terms are often confused, possession is not the same as ownership. 3391, et seq. The possession of incorporeal rights, such as servitudes and 8, 9; 3 P. Wms. Possession is a factual state of exercising control over an object, whether owning the object or not. there be an occupancy, apprehension, (q.v.) reentering. 230, 263; 6 Har. The owner of a property has the right of possession and may assign that right wholly or partially to another who may then also assign the right of possession to a third party. N.Y. 1988]). 10. It. It is enough that the object is within the realm of factual control (e.g. Ab. Tulane Law Review 66. n. any article, object, asset or property which one owns, occupies, holds or has under control. As to the effects of the purchaser's taking possession, see Sugd. Encyclopaedia Britannica's editors oversee subject areas in which they have extensive knowledge, whether from years of experience gained by working on that content or via study for an advanced degree.... property law: Possession of tangible things, In Roman law (today as well as in Roman times), both land and movable property could be owned absolutely by individuals. § 5861 (1996) prohibits possession of certain firearms and other weapons. With respect to land and chattel, possession may well have started as a physical fact, but possession today is often an abstraction. It In law, possession is the control a person intentionally exercises toward a thing. Substantive Criminal Law. For land, it is common to speak of granting or giving possession. There may be varying degrees of rights to possession. ; Etienne, h.t. 2. 200, and the note 3 Wash. C. C. R. 286. Possession applies properly only to corporeal things, movables and For example, a person wearing a watch has actual possession of the watch. art. There are three related and overlapping but not identical legal concepts: possession, right of possession and ownership. Code of Lo. liv. 3391, 3393. It is possible to intend to possess something without knowing that it exists. A person may be in possession of some property (although possession does not always imply ownership). Har. Only a legal (possessor has legal ground), bona fide (possessor does not know he has no right to possess) and regular possession (not acquired through force or by deceit) can become ownership over passage of time. Civ. Code, art. Constructive possession is a legal theory used to extend possession to situations where a person has no hands-on custody of an object. For example, if you leave a book that belongs to you at a cafe and the waiter picks it up, you have lost possession. & John. Mere possession by a finder is sufficient to provide grounds for an action against one who deprives him of the object with no better right than his own. In the development of the civil (or Roman) legal system, possession tended to assume more importance than proprietary rights, and the same is true of the common-law (or Anglo-American) system. Thus, under the doctrine of constructive possession, they are still considered in possession of the contents of their safety deposit box.

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