Legal Definition and Related Resources of Unity Of Possession
Meaning of Unity Of Possession
An essential requirement of joint tenancy, it means that all joint tenants are equally in possession of the entire property and not merely in respect of a share.
Unity Of Possession Alternative Definition
This term is used to designate the possession by one person of several estates or rights. For example, a right to an estate to which an easement is attached, or the dominant estate, and to an estate which an easement incumbers, or the servient estate may become the property of one person, in which case the easement is extinguished. 3 Mason (U. S.) 172; Poph. 166; Latch, 153. And see Cro. Jac. 121. But a distinction has been made between a thing that has being by prescription, and one that has its being ex jure tmturae. In the former case, unity of possession will extinguish the easement; in the latter, for example, the case of a watercourse, the unity will not extinguish it. Poth. Contr. 166. By the Civil Code of Louisiana (article 801), every servitude is extinguished when the estate to which it is due and the estate owing it are united in the same hands. But it is necessary that the whole of the two estates should belong to the same proprietor; for if the owner of one estate only acquires the other in part or in common with another person, confusion does not take effect. See “Merger.”
Related Entries of Unity Of Possession in the Encyclopedia of Law Project
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Unity Of Possession in Historical Law
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Legal Abbreviations and Acronyms
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Related Legal Terms
You might be also interested in these legal terms:
Mentioned in these terms
Joint Tenancy, Partition, Tenancy In Common.
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This definition of Unity Of Possession is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.
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Concept of Unity of Possession in the context of Real Property
A short definition of Unity of Possession: In joint tenancy, the joint tenants must have equal rights to possession.
Concept of Unity of Possession in the context of Real Property
A short definition of Unity of Possession: In joint tenancy, the joint tenants must have equal rights to possession.
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