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The right of possession is a right of a person who currently holds property in hand or under their control to retain such possession, or alternatively for another person who claims superior title or right to possession of the property.
There is a rebuttable presumption that the possessor of property also has the right of possession, and evidence to the contrary may be offered to establish who has the legal right of possession to determine who should have actual possession, which may include evidence of ownership (without assignment of the right of possession) or evidence of a ...
Right of control: the owner of this right can prescribe what activity takes place on the property, such as the building of structures or operating a business. This right is often shared between the title owner and governments or organizations that have some form of administrative jurisdiction over the property, such as a city with Zoning ...
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. The right of property is that right which, if all relevant facts are known (and allowed), defeats all other claims. Each of these may be in a different person.
Strictly speaking, replevin in its original form was a provisional remedy. [16] Its provision was to procure for the plaintiff the return of chattels taken out of his possession until the right to their possession could be decided by a court of law.
The right to property, or the right to own property (cf. ownership), is often [how often?] classified as a human right for natural persons regarding their possessions.A general recognition of a right to private property is found [citation needed] more rarely and is typically heavily constrained insofar as property is owned by legal persons (i.e. corporations) and where it is used for ...
In general, a property owner has the right to recover possession of their property from unauthorised possessors through legal action such as ejectment.However, many legal systems courts recognize that once someone has occupied property without permission for a significant period of time without the property owner exercising their right to recover their property, not only is the original owner ...
The mnemonic PITT is used for the four unities here: Possession, Interest, Time, & Title. Unity of time Interest must be acquired by both tenants at the same time. In common law, the "time" requirement could be satisfied only by using a "straw man" to create a joint tenancy. The party creating the joint tenancy would have to convey title to a ...
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