Cases such as this one from Missouri state that “possession is defined as the imprisonment and control, or manual or ideal custody, of anything that may be the object of property for its own use and pleasure, either as owner or as the holder of a qualified right in it, and personally or by another person exercising it in his place and on his behalf.” POSSESSION, ownership. The possession or enjoyment of anything that a person owns or practices alone, or through another person who holds or practices it on their behalf. Through the possession of a thing, we always understand the state in which not only the own manipulation of the thing is physically possible, but the manipulation of any other person can be excluded with it. Thus, the sailor owns his ship, but not the water in which he moves, although he submits each to its end. 2. To complete a possession, two things are required. 1. Publishing. Whether there is an occupation, a concern or an ingestion. 2dly. That ingestion is with the intention of possession (animus possidendi), so people who have no legal will, as children and idiots, cannot possess or acquire possession. Poth. h.
Il.; Etienne, h.t. See Sea. R. 358; Abbott on the ship. 9 et seq. · But a sufficiently understanding child can legally come into possession of something. 3. Possession is natural or civil; Of course, if a man clings to a physical thing, for example, by occupying a house, cultivating land, or keeping a movable object in his custody; Possession is civil when a person ceases to reside in the house or land in which he or she lived or retains the movable property he or she owned, but without the intention of relinquishing possession. On land ownership, see 2 Bl. Com. 116; Hamm. parties, 178; 1 McLean`s R.
214, 265. 4. Possession is also real or implied; In fact, if the thing is in the immediate occupation of the party. 3 Dey. No. 34. Constructive, when a man claims to hold by virtue of a title without having the actual occupation of it; Because if the owner of a regularly planted plot of land is in possession of a part, he is considered constructive in possession of the whole. 11 Vern. No. 129. What distance from the property or loss of possession is sufficient to justify theft, see 2 Chit. Cr.
Law, 919; 19 lawyers, 14; Etienne, h.t. Civil Code of Louis. 3391, ff. 5. In civil law, possession is divided into natural law and civil law. The same division is adopted by the Louisiana Civil Code. 6.La natural possession is that by which a person holds a physical thing, for example by occupying a house, cultivating a land, or keeping a movable thing in his possession. Natural possession is also defined as the physical possession of an object that we possess as belonging to us, without any claim to such possession or with null title. Code civ.
by Lo. 3391, 3393. 7. Possession is civil when a person ceases to reside in a house or land occupied by him or retains the movable property he owned, but does not intend to renounce possession therein. It is the custody of a thing, by virtue of a just title and under the conviction of owning as owner. 3392, 3394. 8. Possession applies only to tangible property, movable and immovable. The possession of intangible rights, such as serfdom and other such rights, is only a quasi-acquired. Possession and is exercised by a type of possession to which these rights are sensitive. 3395.
9. Possession may be enjoyed by the owner of the thing or by another for him; Thus, the owner of a house owns it from his tenant or farmer. 10. To come into possession of property, two things are required. 1. The intention to possess as owner. 2. Physical possession of the thing. 3399. 11.
Possession is lost with or without the owner`s consent. He is lost with his consent, 1. If he transfers this property to another, with the intention of parting with it. 2. When he performs an act that expresses his intention to renounce possession, such as when a man throws furniture or clothes into the city that he no longer wants to use. Article 3411 The owner of an estate loses possession against his consent. 1. When another drives him away, either by force to expel him, or by usurping possession during his absence and preventing him from entering. 2.
If the owner of an estate allows it to be usurped and held for one year without having performed any act of possession or hindered the possession of the usurper during that period. 3412. 12. On the effects of buyer possession, see Sugd. Sell. 8, 9; 3 pp. Wms. 193; 1 ves. Jr. 226; 12 ves. Jr.
27; 11 ves. Jr. 464. Empty, usually, 5 Harr. and John. 230, 263; 6 Har. and John. 336; 1 Har.
and John. 18; 1 green. No. 109; 2 Har. and McH. 60, 254, 260; 3 Bibb, r. 209 1 har. and McH., 210; 4 Bibb, r. 412, 6 Cowen, r.
632; 9 Cowen, r. 241; 5 wheat. R. 116, 124; Coupl 217; Nap code. 2228; Code of the Two Sicilies, art. 2134; Bavarian Code, B. 2, c. 4, n. 5; Prus. art.
579 of the Code; Domat, Lois Civ. liv. 3, t, 7, p. 1; Wine. From. H.T.; Wolff, Inst. § 200, and the note in the English translation; 2 Green. Ev.
§§ 614 and 615; Co. Litt. 57 a; Cro. 777; 5 KB. 33 years 7 Jean. 1.A security deposit is different from a sale, which is an intentional transfer of ownership of personal property in exchange for something of value, because a security deposit only involves a transfer of possession or custody, not ownership. Owning real estate is a matter of physical fact. Having the right or legal right to possession is not possession. Possession is a physical concept, not a right. As Black`s Law Dictionary says, possession is “the possession or holding of property in one`s power.” This power means having physical dominance and control over property. This dominance and control can be exercised by excluding others or letting others in. It is the fact of this physical control that is possession.
This power could be exercised legally or illegally. It could be exercised in a way that constitutes a violation of the law. But in any case, it is the physical fact, the fact of having or holding property in one`s power and control, which constitutes possession. Personal property can be divided into two broad categories: tangible and intangible. Tangible objects include items such as animals, goods, and jewelry. Intangible assets include rights such as shares, bonds, patents, and copyrights. Although the two terms are often confused, possession is not the same as possession. There is no legal rule that says that “possession is nine-tenths of the law,” but this phrase is often used to indicate that someone who owns an object is most likely its owner. Similarly, people often refer to the things they own, such as clothes and dishes, as their possessions.
However, the owner of an object does not always own it. For example, the owner of a car could lend it to someone else to drive. This driver would then own the car. However, the owner does not abandon the property by simply lending the car to someone else. Treasure is gold or silver in coins, plates or bars hidden by an unknown owner in the ground or other private place for an extended period of time. The property is not considered treasure unless the identity of the owner can be established. Under the first common law, the seeker of a treasure took possession of it against all but the true owner. The Treasury Act has been largely merged with the Law of Finds. Unless otherwise provided by law, the Treasury is entitled to intermediary vis-à-vis all others except the true owner.
If there is a controversy over ownership between the true owner and the state, the owner is entitled to the treasury. In the case of intentional illegal possession, an intruder or squatter – someone who illegally occupies someone else`s land – knowingly comes to live on another person`s land and/or seize it. In other cases, the opposing possession may be unintentional. For example, a homeowner may build a fence that separates his garden without realizing that he has crossed and attacked the boundary of his neighbor`s property. In both cases, the opposing owner – also known as the shredder – can claim this property. And if the plaintiff succeeds in proving the opposing possession, he is not obliged to pay the owner for the land. Upon membership, the personal property of one owner is physically tied to the property of another, so that it becomes a part of it and loses any distinct identity. Membership can make an owner`s personal possessions much more valuable through someone else`s work. This happens when personal property becomes a completely new thing, such as when grapes are turned into wine or wood into furniture.