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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.
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.
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]
Property can be considered lost, mislaid, or abandoned depending on the circumstances under which it is found by the next party who obtains its possession. An old saying is that "possession is nine-tenths of the law", dating back centuries. This means that in most cases, the possessor of a piece of property is its rightful owner without ...
Possession may be marked in many ways, such as simple juxtaposition of nouns, possessive case, possessed case, construct state (as in Arabic and Nêlêmwa), [3] or adpositions (possessive suffixes, possessive adjectives). For example, English uses a possessive clitic, 's; a preposition, of; and adjectives, my, your, his, her, etc.
Principally, these are documentary intangibles. For example, a promissory note is a piece of paper that can be touched, but the real significance is not the physical paper, but the legal rights which the paper confers, and hence the promissory note is defined by the legal debt rather than the physical attributes. [1]
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.
In the courtroom, if the defendant questions the chain of custody of the evidence it can be proven that the knife in the evidence room is the same knife found at the crime scene. However, if there are discrepancies and it cannot be proven who had the knife at a particular point in time, then the chain of custody is broken and the defendant can ...