Showing posts with label possession. Show all posts
Showing posts with label possession. Show all posts

Possession Ownership Title Property

Let's handle the difference between possession and ownership, the difference between ownership and title and lastly the clarified meaning of property.

Possession and Ownership

Possession is the control and domain over a property. In particular, the term 'actual possession' refers to physical control. On the other hand, the term 'constructive possession' excludes the physical control and dominion over a property and refers to intention of exercising control over a property and the legitimate power of exercising control over the same.

Therefore, though it may seem as name of an actual condition, possession may as well be a term that indicates the legal situation (legitimate power) rather than the actual situation. In any event, possession of a property requires (1) having actual or legitimate power to exercise control over a property and (2) intention to exercise the control over the property.


Ownership is not really a technically legal term. It refers to own a property, regardless of having a legal right or an actual control.

Ownership and Title

Unlike ownership, the term title is a technically legal term that refers to a legal, legitimate right. It is a legally recognized ownership, by which one can exerxise possession or property rights.

Property

Property is the broadest interest that covers rights to exclusively possess, use and dispose of anything. It is broader than possesion, it is legitimate, when compared to ownership and it is a conclusive right unlike a title as a means to possession or property.

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