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In law, possession is the exercise of dominion by a person over property to the exclusion of others. [1] To possess something, a person must have an intention to possess it and an apparent purpose to assert control over it. [2] A person may be in possession of some piece of property without being its owner.
Term used in contract law to specify terms that are voided or confirmed in effect from the execution of the contract. Cf. ex nunc. Ex turpi causa non oritur actio: ex nunc: from now on Term used in contract law to specify terms that are voided or confirmed in effect only in the future and not prior to the contract, or its adjudication. Cf. ex ...
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 ...
Pedis possessio is a legal phrase in common law used to describe walking on a property to establish ownership; this concept involves the establishment of first possession of land. By walking on a property and defining its bounds, possession is established. Legal dictionaries [2] put forth this definition.
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.
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possessory action, an action brought to recover possession of property. An action to recover possession of real estate, such as ejectment. An action to recover possession of personal property, such as replevin. In Louisiana, an action to recover the possession of immovable property is called a possessory action. Preston v Zabrisky, 2 La 226, 227.
In his 1881 text "The Common Law", Oliver Wendell Holmes describes property as having two fundamental aspects. [citation needed] The first, possession, can be defined as control over a resource based on the practical inability to contradict the ends of the possessor. The second title is the expectation that others will recognize rights to ...