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 ?
In a Palace briefing, Panelo clarified that he actually meant China has "constructive possession" over the contested territory.
Part of Judge Mannheimer's concern over the instructions stems from cases where juries are instructed as to both actual and constructive possession, when in fact only actual possession was at issue, risking juror confusion.
The city prosecutor also branded as 'ludicrous and farcical' the claim of the complainants that the lawyers have constructive possession of the illegal drugs.
through constructive possession of wrecks located "beyond the
[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]
A NAB spokesman said the suspect with mala fide intentions obtained constructive possession of Ashiana Iqbal project without financial close and willfully failed to complete the project that caused Rs1 billion loss.
United States, (142) the District of Columbia Court of Appeals held that physical proximity to the drugs, alone, "is insufficient to establish the intent element of constructive possession beyond a reasonable doubt." (143) A passenger was convicted of possession of drugs in plain view inside a third-party's vehicle.
Whilst such an agency arrangement should be sufficient to achieve constructive possession of the receivables by the factor, there is little clarity because:
The FBI refused, saying that unless they were going to an FFL, Henderson would still have what they call "constructive possession" of the guns.
Finally, particularly in claims of constructive possession, where an occupier with color of title can adversely possess the entire parcel referred to in the title, (12) an adverse possession may neither increase nor decrease regularity:
Although it was necessary for a pledgee to take actual or constructive possession of the chattel (or document of title) in order to vest his special interest in the first place it was not every parting of possession which was sufficient to defeat his interest.
Swansea's inability to keep any constructive possession only invited the Hammers to aim high and hopeful and cause defensive doubts already placed in minds by the selection made by the manager.

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