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Possession can be obtained by a one-sided act by which factual control is established. This can take the form of apprehension (taking an object not in someone's possession) or seizure (taking an object in someone's possession). It can also be obtained through a two-sided process of handing over the possession from one party to another.
Property law in the United States is the area of law that governs the various forms of ownership in real property (land and buildings) and personal property, including intangible property such as intellectual property. Property refers to legally protected claims to resources, such as land and personal property. [1] Property can be exchanged ...
Constructive possession is an important concept in both criminal law, regarding theft and embezzlement, and civil law, regarding possession of land and chattels. For example, if someone steals your credit card number , the credit card never leaves your actual possession, but the person who has stolen the number has constructive possession and ...
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. [1] Property can be exchanged through contract law, and if property is violated, one could sue ...
In the context of property law it can be restated as: "In a property dispute (whether real or personal), in the absence of clear and compelling testimony or documentation to the contrary, the person in actual, custodial possession of the property is presumed to be the rightful owner. The rightful owner shall have their possession returned to ...
A gift, in the law of property, is the voluntary and immediate transfer of property from one person (the donor or grantor) to another (the donee or grantee) without consideration. There are several type of gifts in property law, most notably inter vivos gifts which are made in the donor's lifetime and causa mortis (deathbed) gifts which are ...
From this has evolved the modern conception of property as a right enforced by positive law, in the expectation that this will produce more wealth and better standards of living. However, Smith also expressed a very critical view of the effects of property laws on inequality: [8] Wherever there is a great property, there is great inequality …
The use of or intermeddling (a term usually applicable to estate law) with the property of another has often been held to constitute a conversion, whether the act is done by one who had no authority to use the property, or by one who has authority to use the property but uses it in an unauthorized way. Any unjustified exercise of dominion over ...