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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.
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 ...
Real estate holdout (1 C, 16 P) S. Scholars of property law (1 C, 16 P) ... Constructive eviction; Constructive possession; Court auction; Covenant (law) Property crime;
Constructive notice may be a significant factor in imposing liability where an object capable of deteriorating is concealed from view. Personius v. Mann , 20 A.D.3d 616 (3d Dept. 2005), modified ...
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.
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.
The real estate surge is predicted to take place primarily in the South and the West, including states like California, a state with 10 regions in Realtor.com’s top 100 of 2025.
Another example is the Real Estate Select Sector SPDR Fund (XLRE), which aims to replicate the real estate sector of the S&P 500 Index. It currently has 31 holdings and an expense ratio of 0.10%.