constructive possession


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Related to constructive possession: actual possession

constructive possession

Legally considered to be in possession of property even though not physically occupying it or using it in any manner. If one has a house on 40 acres of land, but rarely ventures outside the house and yard,one is in actual possession of the house and yard and in constructive possession of the remainder of the 40 acres.

References in periodicals archive ?
2003) (holding the prosecution must prove that the accused had actual or constructive possession of the drug); State v.
Constructive possession means the person is aware of the presence of the object, the object is in a place over which the person has control, and the person has the ability to control the object.
However, the court held that Momenta did not have constructive possession of goods that Ningbo had drop shipped for delivery to Momenta's customers.
The established case law requiring actual possession, and not some lesser form of constructive possession, makes it easy for judges to administer by closely examining the situation at the precise moment that the jurisdiction of a U.
Both actual and constructive possession play integral roles in
elements for judicially-created doctrines like constructive possession,
Even if they have no money on them and are not the tellers, those kinds of employees still have constructive possession of money," Sanchez said.
A shorter, commonly used definition of constructive possession is "the power and intention to exercise control, or dominion and control, over an object not in one's `actual' possession.
iii) The products/commodities sold or purchased are in the physical or constructive possession of the seller who also bears the risk corresponding to the possession.
holds all investments and collateral (excluding collateralized certificates of deposit) in constructive possession on behalf of the pool.

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