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In law, possession is the control a person intentionally exercises toward a thing. Like ownership, the possession of anything is commonly regulated under the property law of a jurisdiction. In all cases, to possess something, a person must have an intention to possess it as well as access to it and control over it.
The nomenclature of the American rule runs contrary to the general tendency in property law, where American law evolved out of and in many instances diverged from English property law: the American rule is the original default rule, and the English rule, having been passed subsequently in England, began to be adopted by an increasing number of ...
It has been argued that in some situations, possession is ten-tenths of the law. [6] While the concept is older, the phrase "Possession is nine-tenths of the law" is often claimed to date from the 16th century. [7] In some countries, possession is not nine-tenths of the law, but rather the onus is on the possessor to substantiate his ownership. [8]
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.
Also, if the rental company missed payments to the lienholder, the lienholder could also repossess the vehicle from the person having possession. I purchase a pen at a store. I have all three attributes (possession, right of possession and right of property). If I loan the pen to someone, they have only possession.
Remainders are "vested" when the condition of the remainder is fulfilled, even if the possession has not yet been transferred. [14] For example, in a grant "to A for life, then to B if he graduates high school by age 18", the remainder to B vests when B graduates high school by age 18, although the possession will not transfer until A dies. [14]
An Uber customer found a lengthy list of passenger rules in the backseat during a recent ride — and it has people divided. The rider shared a photo of the rules on Reddit on Jan. 9 and titled ...
Prior appropriation rights are subject to certain adverse possession-type rules to reduce speculation. [9] Withdrawal rights can be lost or shrunk over time if unused for a certain number of years, or if a litigant can demonstrate that the water's use is not beneficial.