Different Types of Possessions in Law

Different Types of Possessions in Law

In law, possession is considered as the control a person intentionally exercises towards a thing. In all cases, a person must have an intention to possess something. Just like ownership, the possession of things is commonly controlled by states under property law.

Possession is one of the key concepts in the property law. Possession, the right of possession and ownership are three related and overlapping terms. Possession needs both the control and intention.

Mediate possession :

Mediate Possession is possession through an intermediary, such as an agent. One person may possess a thing for & on account of someone else. In such case, the latter is in possession by the agency that holds the thing on behalf of him. The possession thus is done by one man through another termed mediate.

Immediate possession:

The legal right to move into a house or other any property immediately after buying it.  Immediate possession is the legal right to take control of a property as soon as an official arrangement is completed.  For example, if you purchase a book from the book shop for yourself and have it with you, it is immediate possession.

Adverse possession:

Adverse possession is principle under which a person in possession of the land possessed by someone else may acquire the valid title of it, so long as certain common law necessities are met, and the adverse possessor is in possession for such a sufficient period of time, as defined by the statute of limitations. Some of the important aspects and necessities for obtaining title over a property through adverse possession are Continuity in adverse possession, Hostile Possession, Actual Possession:, Exclusive Possession.

Constructive possession:

Constructive possession describes a situation where an individual has actual control over possessions or real property without truly having physical control over the same assets.  A person with constructive possession stands in the same legal position as with actual possession.

Corporeal possession :

Corporeal means having a body. Corporal possession is seen and tangible. It is possession of a material object. Examples are house, book, pen, car, cycle, computer, typewriter etc. Corporeal possession can be considered as the possession of a thing. That is the material object is seen.

Incorporeal possession

Incorporeal means having no body. Corporal possession is the possession of anything other than the material object. Examples are a trade mark, patent, copyright, etc. Incorporeal possession can be considered as the possession of a right. It cannot be seen.

Possession in law

This is related to law. Possession in law means that the possessions are recognized by law. For example, you purchased a car then you possessed it. Your possession of the scooter is recognized by the law. It can be considered as de jure recognition.

Possession in fact

Possession, in fact, is Actual and is related to fact.It need not be recognized by the law. For example, A stole your scooter. The scooter is in possession of A. it is a fact. The possession of A is a possession in fact though it is not recognized by law. Possession, in fact, is only de facto. It can be a representative possession, Concurrent possession, derivative possession etc.