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 ?
Successful adverse possession claims, through the application of actual possession requirements, can lead to both parcel-by-parcel and aggregate changes in boundary irregularity.
end strikethrough] There are two ways to exercise control: actual possession and constructive possession.
Both cases suggest that the court was recognizing that the legal owner of a freehold estate has a right to possession and therefore need not have actual possession in order to have seisin.
court a foreign sovereign must be in actual possession of a vessel
94) Similarly, where others disregard an owner's authority by challenging his agenda through inconsistent use, an owner may have to resort to actual possession to remain in power with respect to his land.
Court held that a State must have actual possession of a res in order to
15--only bars use of the dollar in everyday transactions, not the actual possession of dollars.
High-harm" users will be targeted, with police having powers to prosecute purely on the strength of positive blood tests, rather than actual possession of illegal substances.
Just to remind Mr Straw, he at the behest of Tony Blair and in turn their puppet masters in Washington DC, quite categorically stated to the UN Security Council and the world that Saddam was in actual possession of these banned weapons.
The administration generally has avoided the issue of actual possession.
Richard Goddard, defending, said: "His actual possession was for the order of 10 minutes or so.
Under Massachusetts law, a settler's duties "included taking actual possession and within three years, building a house of a certain size, usually eighteen or twenty feet square, and clearing five to eight acres for mowing and tilling.