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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.
Pennoyer v. Neff, 95 U.S. 714 (1878) was a decision by the Supreme Court of the United States in which the Court held that a state court can only exert personal jurisdiction over a party domiciled out-of-state if that party is served with process while physically present within the state.
Virtually every state has some form of an adverse possession law on its books, often dating back more than a hundred years as a way for pioneers to continuously squat on land, improve the land ...
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 constitutional violations just keep mounting,” Gordon, of Advancing Law for Animals, told The Bee last week. ... had constructive possession of him,” Gordon wrote in his declaration ...
Conflict of property laws; Constructive eviction; Constructive possession; Court auction; Covenant (law) Property crime; Cuius est solum, eius est usque ad coelum et ad inferos; Cultural property law; Customary land
In many states, squatters' rights allow a person to legally acquire property through a process called an adverse possession law. The time period that the squatter must occupy the property before ...