Legal Definition and Related Resources of Possession

Possession must be considered in every case with reference to the peculiar circumstances, the character and value of the property , the suitable and natural mode of using same. In relation to goods and chattels , the same is said to be in the possession of a person when he is so situated with respect to it that he has the power to deal with same as owner to the exclusion of all other persons. The term imports manual custody , physical control , coupled with the intention of exercising such control. Such intention necessarily imports knowledge of or awareness of the thing in his custody. Even in the absence of actual personal custody, a person may have possession of chattel which is under his control and in a place where it is put by his act or in his behalf or where it is within his power and he can and does command its use. See state v Woodman, 119 Kan. 679, 240 P. 676. In relation to land, possession is relative to the type and nature of the property and surrounding circumstances, the condition , locality or appropriate use of the land. See Manville v Gronniger, 182 Kan. 572,322 P.2d789. An open, visible and exclusive use of land. See Canyon Inv. Co. v title Ins. Co. of Minnesota, (Colo. App.) 560 P.2d389. Possession may be actual, that is, where the thing possessed is actually under the custody and control of a person; or constructive , that is, where the law, for certain purposes, considers a person to have possession of a thing even though actually he does not. Thus, the lessor of a tract of land has constructive possession of the land through his lessee .

The detention or enjoyment of a thing which a man holds or exercises by himself, or by another who keeps or exercises it in his name. The owning or having a thing in one’s power. 64 N. Y. 80. Possession of land is the holding of and exercise ‘of exclusive dominion over it. 25 Iowa, 177. By the possession of a thing, we always conceive the condition in which not only one’s own dealing with the thing is physically possible, but every other person’s dealing with it is capable of being excluded. Thus, the seaman possesses his ship, but not the water in which it moves, although he makes each subserve his purpose.
(1) Actual possession’ exists where the thing is in the immediate occupancy of the party. 3 Dev. (N. C.) 34.
(2) Constructive possession is that which exists in contemplation of law, without actual personal occupation. 11 Vt. 129; 64 N. Y. 80. And see 1 McLean (U. S.) 214, 265; 2 Bl. Comm. 116.
(3) Adverse possession is possession inconsistent with the right of the true owner. See Adverse Possession.
(4) Naked possession, called also bare possession, is actual possession without shadow or pretense of right. 3 Colo. 360. In Louisiana.
(1) Civil possession exists when a person ceases to reside in a house or on the land which he occupied, or to detain the movable which he possessed, but without intending to abandon the possession. It is the detention of a thing by virtue of a just title, and under the conviction of possessing as owner. Civ. Code La. arts. 3392, 3394.
(2) Natural possession is that by which a man detains a thing corporeal; as, by occupying a house, cultivating ground, or retaining a movable in his possession. Natural possession is also defined to be the corporeal detention of a thing which we possess as belonging to us, without any title to that possession, or with a title which is void. Civ. Code La. arts. 3391, 3393.

(Ownership), noun

• authority
• custody
• demesne
• domination
• dominion
• exclusive right
• lordship
• occupancy
• possessio
• proprietorship
• right
• right of retention
• seisin
• supremacy
• tenancy
• title
• Associated Concepts: action to recover possession
• actual possession
• adverse possession
• chain of possession
• constructive possession
• continuity of possession
• continuous possession
• debtor in possession
• estate in possession
• holder in possession
• hostile possession
• lawful possession
• mortgagee in possession
• naked possession
• notorious possession
• open and notorious possession
• party in possession
• peaceable possession
• person in possession
• physical possession
• purchaser in possession
• quiet possession
• right of possession
• tenant in possession
• undisturbed possession
• uninterrupted possession
• unlawful possession
• wrongful possession foreign phrases: Traditio nihil amplius transferre debet velpotest
• adeum qui accipit
• quant est apudeum qui tradit
• Delivery ought to
• and can
• transfer nothing more to him who receives than is in possession of him who makes the delivery
• Jus triplex estpropietatis
• possessions
• etpossibilitatis
• Right is threefoldof property
• of possession
• and of possibility
• In aequali jure melior est conditio possidentis
• In a case of equal rignt the condition of the party in possession is the better
• Propossessione praesumitur de jure
• A presumption of law arises from possession
• Nihil praescribitur nisi quod possidetur
• There is no prescription for that which is not possessed
• Privatiopraesupponit habiium
• A deprivation presupposes something held or possessed
• Duorum in solidum dominium vel possessio esse non potest
• Sole ownership or poss
  ession cannot be in wo persons
• Cum de lucro duorum quaeritur
• melior est causa possidentis
• When the question of gain lies between two persons
• the cause of the possessor is the better
• Longa possessioparit juspossidendi
• Long possession creates the right of possession
• and deprives the true owner of his right of action
• Aliud est possidere
• aliud esse in possessione
• It is one thing to possess; it is another to be in possession
• Quod meum est sine facto meo vel defect meo amitti vel in alium transferri non potest
• That which is mine cannot be transferred to another without my act or my default
• Quod meum est sine me auferri non potest
• What is mine cannot be taken away without my consent
• Nulcharter
• nul vente
• ne nul done vault perpetualment
• si le donor n ‘est seise al temps de contracts de deux droits
• sc
• del droit de possession et del droit de propertie
• no sale
• no gift
• is valid forever
• unless the donor
• at the time of the contract
• has two rights
• namely
• namely
• the right of possession
• and the right of property
• Donatio perficitur possessione accipientis
• A gift is perfected by the possession of the receiver
• Melior est conditio possidentis
• et rei quam actoris
• The condition of the possessor and that of the defendant is better than that of the plaintiff
• It is one thing to possess; it is another to be in possession
• Quod meum est sine facto meo vel defect meo amitti vel in alium transferri non potest
• That which is mine cannot be transferred to another without my act or my default
• Quod meum est sine me auferri non potest
• What is mine cannot be taken away without my consent
• Nulcharter
• nul vente
• ne nul done vault perpetualment
• si le donor n ‘est seise al temps de contracts de deux droits
• sc
• del droit de possession et del droit de propertie
• No grant
• no sale
• no gift
• is valid forever
• unless the donor
• at the time of the contract
• has two rights
• namely
• the right of possession
• and the right of property
• Donatio perficitur possessione accipientis
• A gift is perfected by the possession of the receiver
• Melior est conditio possidentis
• et rei quam actoris
• The condition of the possessor and that of the defendant is better than that of the plaintiff
• In pari delicto melior est conditio possidentis
• When the parties are equally in the wrong
• the condition of the possessor is the preferable one
• Longa possessio jus parit
• Long possession begets right
• Donator nunquam desinitpossidere
• antequam donatorius incipiat possidere
• A donor never ceases to possess until the donee begins to possess
• Non valet donatio nisi subsequatur traditio
• A gift is invalid unless accompanied by possession
• Nemo dare potest quodnon habet
• No one is able to give that which he has not
• Terra manens vacua occupanti conceditur
• Land remaining vacant is given to the occupant
• Non potest videri desisse habere qui nunquam habuit
• A person who has never had cannot be deemed to have ceased to have it
• In pari causa possessor potior haberi debet
• In an equal cause he who has the possession has the advantage
• Cum par delictum est duorum
• semper oneraturpetitor et melior habetur possessoris causa
• When there is equal fault on both sides
• the burden is always placed on the plaintiff
• and the cause of the possessor is preferred

(Property), noun

• asset
• belonging
• bona
• chattel
• effect
• goods
• holding
• item
• item of personalty
• money
• movable
• possessio
• res
• resource
• treasurevaluableforeignphrases: Nonpossessoriincumbitnecessitasprobandipossessionesadsepertinere
• lt is not incumbent on the possessor of property to prove that his possessions belong to him

Browse or run a search for Possession in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Possession in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Possession in Historical Law in the Encyclopedia of Law.

Search for legal acronyms and/or abbreviations containing Possession in the Legal Abbreviations and Acronyms Dictionary.

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Mentioned in these terms

Abandon, Acceptance, Actual, Adverse Possession, Ancient Demesne, Assistance, Writ Of, Bailment, Bankruptcy, Bargain And Sale, Bearer, Bootlegging, C.i.f., Chattel Mortgage, Chose, Chose In Possession, Claim, Closed Transaction, Commercial Broker, Conditional Sale, Constructive Eviction, Conversion, Curtesy, Delivery, Detain, Detinue, Discovery, Dispossess, Distress, Ejectment, Embezzlement, Encroach, Encroachment, Enfeoffment, Estate, Estate For Life Or Life Estate, Estate
For Years, Estate In Expectancy, Eviction, Factor, Factor’s Lien, Feoffment, Forcible Entry, Future Interests, General Assignment, , Goods, Grant, Holder, Holding Over, Hypothéqué, Hypothecate, Impatronisation, Impatronization, Incroachment, Incumbent, Indian Tribe, Induction, Infeudation, Interesse Termini, Interpleader, Interruption, Invest, Investiture, Jacitation, Joint Tenancy, , Lease, , , , Livery, Livery Of Seisin, Lodger, , Lost Grant, Mesne Profits, Narcotics, Occupation, Occupy, Parcel, Perfect, Personal Property, Petitory, Pignus, Possessory Title, Prescription, Pretenced Right Or Title, Production, Receiver, Recent Possession, Reduction Into Possession, Release, , Replevin, Repossession, Reservation, Retaining Lien, Revendication, Scrivener’s Rule, Secondary Evidence, Seisin, Seisin, Livery Of, Seizure, Sequester, Sequestration, Shoplifting, Squatter, Stockbroker, Subpoena, Succession, Tenancy At Sufferance, Tacking, Tenancy At Will, Tenancy In Common, Tenant, Tenant At Sufferance, Tenant At Will, Tenure, Things In Action, Title, , Trespass.

Translate Possession from English to Spanish

Translation of Possession, with examples. More about free online translation into Spanish of Tenencia and other legal terms is available here.

• Tenencia
• Legal English Translation

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Possession in Law Enforcement

Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of possession.

Grammar

This term is a noun.

Etimology of Possession

(You may find possession at the world legal encyclopedia and the etimology of more terms).

mid-14c., “act or fact of possessing, a taking possession, occupation,” also “thing possessed, that which is possessed,” from Old French possession “fact of having and holding; what is possessed;” also “demonic possession,” and directly from Latin possessionem (nominative possessio), noun of action from past participle stem of possidere “to possess” (see possess). Legal property sense is earliest; demonic sense first recorded 1580s. Phrase possession is nine (or eleven) points of the law is out of a supposed 10 (or 12). With eleven from 1640s; with nine from 1690s. St. Jerome in his ‘Life of St. Hilarion’ has given us a graphic account of the courage with which that saint confronted, and the success with which he relieved, a possessed camel. [Lecky, “History of European Morals”]

Grammar

This term is a noun.

Etimology of Possession

(You may find possession at the world legal encyclopedia and the etimology of more terms).

mid-14c., “act or fact of possessing, a taking possession, occupation,” also “thing possessed, that which is possessed,” from Old French possession “fact of having and holding; what is possessed;” also “demonic possession,” and directly from Latin possessionem (nominative possessio), noun of action from past participle stem of possidere “to possess” (see possess). Legal property sense is earliest; demonic sense first recorded 1580s. Phrase possession is nine (or eleven) points of the law is out of a supposed 10 (or 12). With eleven from 1640s; with nine from 1690s. St. Jerome in his ‘Life of St. Hilarion’ has given us a graphic account of the courage with which that saint confronted, and the success with which he relieved, a possessed camel. [Lecky, “History of European Morals”]

Resources

See Also

• Law Enforcement Officer
• Police
• Law Enforcement Agency

Further Reading

• possession in A Dictionary of Law Enforcement (Oxford University Press)
• possession in the Encyclopedia of Law Enforcement
• A Treatise on the Police of the Metropolis

Concept of Possession in the context of Real Property

A short definition of Possession: Being in physical control of land or personal property, whether the owner or not. Possession may be lawful or wrongful.

Concept of Possession in the context of Real Property

A short definition of Possession: Being in physical control of land or personal property, whether the owner or not. Possession may be lawful or wrongful.

Meaning of Possession in the Past

By possession is meant a country which is held by no other title than mere conquest.

Developments

In this sense Possession differs from a dependency, which belongs rightfully to the country which has dominion over it; and from colony, which is a country settled by citizens or subjects of the mother country. 3 Wash. C. C. R. 286. [1]

Resources

Notes and References

1. Partialy, this information about possession is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including possession.

See Also

Possession

Possession