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Constructive possession [1] is a legal fiction to describe a situation in which an individual has actual control over chattels or real property without actually having physical control of the same assets. At law, a person with constructive possession stands in the same legal position as someone with actual possession.
In law, possession is the control a person intentionally exercises toward a thing. Like ownership, the possession of anything is commonly regulated under the property law of a jurisdiction. In all cases, to possess something, a person must have an intention to possess it as well as access to it and control over it.
In law, knowledge is one of the degrees of mens rea that constitute part of a crime.For example, in English law, the offence of knowingly being a passenger in a vehicle taken without consent requires that the prosecution prove not only that the defendant was a passenger in a vehicle and that it was taken by the driver without consent, but also that the defendant knew that it was taken without ...
Constructive eviction is a circumstance where a tenant's use of the property is so significantly impeded by actions under the landlord's authority that the tenant has no alternative but to vacate the premises. [1] The doctrine applies when a landlord of real property has acted in a way that renders the property uninhabitable. Constructive ...
In property law, the American rule of possession states that a landlord is obligated only to deliver legal possession, but not actual possession, of a leased premises to a tenant. Thus, if a tenant arrives at a leased premises only to discover that it is still inhabited by a previous tenant who is holding over, or by squatters, it is the tenant ...
“Based on testimony in this matter, Cedar was alive throughout these communications and the Sheriff’s Office, whom County Counsel represents, had constructive possession of him,” Gordon ...
Possession is the actual holding of a thing, whether or not one has any right to do so. The right of possession is the legitimacy of possession (with or without actual possession), evidence for which is such that the law will uphold it unless a better claim is proven.
Actual notice may be contrasted with constructive notice, which is a way of giving notice that may not immediately bring the matter to the attention of the individual that is intended to receive the notice. Constructive notice includes, among other methods, service on an agent or family member, service by posting (on the front door), and ...