actual possession


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Related to actual possession: constructive possession

actual possession

The physical occupancy or control of property by someone.Contrast with constructive possession in which the law assumes possession because of legal rights to the property.

Example: One who has a deed to 40 acres of land, but uses only 1 acre for a house and yard, is said to have actual possession of 1 acre and constructive possession of the other 39 acres.

References in periodicals archive ?
As noted above, Judge Mannheimer presents these cases as exclusively involving issues of actual possession, not constructive possession.
Actions for unlawful detainer involve only the question of actual possession.
[begin strikethrough]A person has constructive possession of an item when he or she is not in actual possession of the item but is aware of the presence of the item, the item is in a place over which he or she has control, and he or she has the ability to control the item.[end strikethrough]
The inheritance possession must not be confused with the notion of possession as the first does not imply the meeting of the two elements required by law to usurp, the actual possession and intention to possess the goods for himself, since this is about the exercise of successional rights (Baias et al, 2012: 1171).
Successful adverse possession claims, through the application of actual possession requirements, can lead to both parcel-by-parcel and aggregate changes in boundary irregularity.
This case antedates the 2002 amendment to UCC section 3-309, placing this decision under the old "actual possession" requirement.
But the wonders of modern technology now mean that talking dictionaries are commonplace and it seems that De-main it is, meaning an owner's actual possession of property rather than it being with a tenant.
"They had a lot of the ball, but the actual possession they had they didn't create many chances.
Plastech objected to the claim arguing that the goods were not "received by the debtor." Vivitar argued in response that the value of the goods was received by Plastech and that Plastech had "constructive possession" even if not actual possession of the goods.
It depends on the place, the conditions, and the nature of the transaction, and may even arise from the fact that the thing came into the actual possession and control of a person fortuitously, or by mistake.
courts, the res that is the object of the maritime claim must be in the actual possession of the foreign state at the time the case is brought.
The time from when acquisitive prescription begins to run varies by situation-premise on which the request for registration of property is founded, starting either from the date of death or closure of the owner of the property or from the date of registration in the land book of the declaration of renunciation of property, or, in the absence of entries in the land books, since the actual possession of the usurpator begins on the immobile good.