Possession in United States

Possession Definition

The detention or enjoyment of a thing which a man holds or exercises by himself, or by another who keeps or exercises it in his name. The owning or having a thing in one’s power. 64 N. Y. 80. “Possession of land is the holding of and exercise ‘of exclusive dominion over it.” 25 Iowa, 177. By the possession of a thing, we always conceive the condition in which not only one’s own dealing with the thing is physically possible, but every other person’s dealing with it is capable of being excluded. Thus, the seaman possesses his ship, but not the water in which it moves, although he makes each subserve his purpose.
(1) Actual possession’ exists where the thing is in the immediate occupancy of the party. 3 Dev. (N. C.) 34.
(2) Constructive possession is that which exists in contemplation of law, without actual personal occupation. 11 Vt. 129; 64 N. Y. 80. And see 1 McLean (U. S.) 214, 265; 2 Bl. Comm. 116.
(3) Adverse possession is possession inconsistent with the right of the true owner. See “Adverse Possession.”
(4) Naked possession, called also “bare possession,” is actual possession without shadow or pretense of right. 3 Colo. 360. In Louisiana.
(1) Civil possession exists when a person ceases to reside in a house or on the land which he occupied, or to detain the movable which he possessed, but without intending to abandon the possession.” It is the detention of a thing by virtue of a just title, and under the conviction of possessing as owner. Civ. Code La. arts. 3392, 3394.
(2) Natural possession is that by which a man detains a thing corporeal; as, by occupying a house, cultivating ground, or retaining a movable in his possession. Natural possession is also defined to be the corporeal detention of a thing which we possess as belonging to us, without any title to that possession, or with a title which is void. Civ. Code La. arts. 3391, 3393.

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The detention or enjoyment of a thing which a man holds or exercises by himself, or by another who keeps or exercises it in his name. The owning or having a thing in one’s power. 64 N. Y. 80. “Possession of land is the holding of and exercise ‘of exclusive dominion over it.” 25 Iowa, 177. By the possession of a thing, we always conceive the condition in which not only one’s own dealing with the thing is physically possible, but every other person’s dealing with it is capable of being excluded. Thus, the seaman possesses his ship, but not the water in which it moves, although he makes each subserve his purpose.
(1) Actual possession’ exists where the thing is in the immediate occupancy of the party. 3 Dev. (N. C.) 34.
(2) Constructive possession is that which exists in contemplation of law, without actual personal occupation. 11 Vt. 129; 64 N. Y. 80. And see 1 McLean (U. S.) 214, 265; 2 Bl. Comm. 116.
(3) Adverse possession is possession inconsistent with the right of the true owner. See “Adverse Possession.”
(4) Naked possession, called also “bare possession,” is actual possession without shadow or pretense of right. 3 Colo. 360. In Louisiana.
(1) Civil possession exists when a person ceases to reside in a house or on the land which he occupied, or to detain the movable which he possessed, but without intending to abandon the possession.” It is the detention of a thing by virtue of a just title, and under the conviction of possessing as owner. Civ. Code La. arts. 3392, 3394.
(2) Natural possession is that by which a man detains a thing corporeal; as, by occupying a house, cultivating ground, or retaining a movable in his possession. Natural possession is also defined to be the corporeal detention of a thing which we possess as belonging to us, without any title to that possession, or with a title which is void. Civ. Code La. arts. 3391, 3393.

This definition of Possession is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Possession in State Statute Topics

Introduction to Possession (State statute topic)

The purpose of Possession is to provide a broad appreciation of the Possession legal topic. Select from the list of U.S. legal topics for information (other than Possession).

Resources

Further Reading

• Information about Possession in the Gale Encyclopedia of American Law.

Possession in the Criminal Justice System

This section covers the topics below related with Possession :

Crime Type

Drug Crime in relation with Possession

Possession

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See Also

• Crime Type
• Drug Crime
• Possession