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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.
Possession is nine-tenths of the law" is an expression meaning that ownership is easier to maintain if one has possession of something, or difficult to enforce if one does not. The expression is also stated as "possession is ten points of the law", which is credited as derived from the Scottish expression "possession is eleven points in the law ...
Vacant possession refers to the typical condition in which a seller must hand over a property to a buyer upon completion, or a tenant must return the property to a landlord at the end of a lease. In simple terms, it means that the rightful person, such as a buyer or a landlord, can peacefully and fully utilize the property.
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 ...
Also, if the rental company missed payments to the lienholder, the lienholder could also repossess the vehicle from the person having possession. I purchase a pen at a store. I have all three attributes (possession, right of possession and right of property). If I loan the pen to someone, they have only possession.
An action to quiet title is a lawsuit brought in a court having jurisdiction over property disputes, in order to establish a party's title to real property, or personal property having a title, of against anyone and everyone, and thus "quiet" any challenges or claims to the title.
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.