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Accordingly, upon the grant of a mortgage, the mortgagee would come into possession of the land - if the income arising from the land paid down the mortgage debt it was referred to as a live pledge (or vivum vaidum) but if the mortgagee simply took those proceeds and the debt was unchanged it was called a dead pledge (originally a mortuum ...
Then, the Statute of Uses operates to execute the use and annexe the possession. [2] Being thus in possession, the bargainee or lessee is capable of receiving a release of the freehold and reversion, made to the bargainee in possession; and, accordingly, the next day a "release" is granted to him by the bargainor. [3]
Possession of a thing for long enough can become ownership by termination of the previous owner's right of possession and ownership rights. In the same way, the passage of time can bring to an end the owner's right to recover exclusive possession of a property without losing the ownership of it, as when an adverse easement for use is granted by ...
possessory action, an action brought to recover possession of property. An action to recover possession of real estate, such as ejectment. An action to recover possession of personal property, such as replevin. In Louisiana, an action to recover the possession of immovable property is called a possessory action. Preston v Zabrisky, 2 La 226, 227.
Adverse possession in common law, and the related civil law concept of usucaption (also acquisitive prescription or prescriptive acquisition), are legal mechanisms under which a person who does not have legal title to a piece of property, usually real property, may acquire legal ownership based on continuous possession or occupation without the permission of its legal owner.
Over the millennia and across cultures, notions regarding what constitutes "property" and how it is treated culturally have varied widely. Ownership is the basis for many other concepts that form the foundations of ancient and modern societies such as money, trade, debt, bankruptcy, the criminality of theft, and private vs. public property.
The Free Library has a separate homepage. It is a free reference website that offers full-text versions of classic literary works by hundreds of authors. It is also a news aggregator, offering articles from a large collection of periodicals containing over four million articles dating back to 1984. Newly published articles are added to the site ...
In real estate and real property law, peaceable possession is "holding property without any adverse claim to possession or title by another". [1] Quiet title is used to refer to the new owner's peaceable possession. Property title, or ownership, also includes possession, but is a greater property right than the latter.