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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 ...
Consenting out, common intention constructive trust Bristol & West Building Society v Henning [1985] EWCA Civ 6 is an English land law case that holds a person can consent to give up the right to an overriding interest in land, that will bind third parties, such as banks, that purchase a property.
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.
(5) The plaintiff therefore acquired not only a valid possession, but a title by occupancy, and by having expanded labor and money upon the property. Such a title is a good legal title against every person by the true owner. (6) If the plaintiff had a legal title then he had the constructive possession.
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.
Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of England into their own law (also statutory law), where in many cases it remains in force.
In ancient Roman law, landowners could only take legal possession of animals by capturing and maintaining physical control over them. [4] English common law originally restricted the right to hunt animals to those who had permission from the Crown, but later laws allowed landowners to hunt animals that entered upon their land through the principle of ratione soli. [5]
The word "constructive" is one of the law's most useful frauds. It implies substance where none exists. There can be constructive contracts, constructive trusts, constructive fraud, constructive intent, constructive possession, and constructive anything else the law chooses to baptize as such. "Constructive" in this sense means "treated as". ...