Property lawLesson 2 of 2 in the course Concepts of property

Possession in Property Law: Control, Rights, and Transfer

5 flashcards · 5 quiz questions · 5 match pairs · 4 fill-in sentences · English

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Summary

This lesson introduces possession as a legal concept and explains how it differs from ownership. It focuses on the two elements of possession, the intention to possess, and why possession matters in property law.

The person in possession need not own the property. A tenant may possess a home owned by a landlord, and a library borrower may possess a book that remains the library’s property. Possession describes a relationship of control; ownership describes a different legal relationship.

All flashcards

What is possession in law?
Possession combines factual control over property with an intention to possess it; the possessor need not be its owner.
What does animus possidendi mean?
The intention to possess a thing for the time being.
How do possession, the right of possession, and ownership differ?
Possession is factual control with intent; the right of possession is a legal entitlement; ownership is a broader legal relationship to property.
Why is ordinary intention to possess different from criminal intent?
Intending to control an object does not by itself establish the guilty mind required for a crime involving its contents.
What is a bailment?
A temporary transfer of possession in which ownership may remain with the original owner.

Quiz questions

  1. What two elements generally must exist together for possession to begin?Answer: Factual control over property and an intention to possess it.
  2. What is the legal term for taking control of an object already possessed by someone else?Answer: Seizure
  3. What does delivery refer to in the transfer of goods?Answer: The transfer of possession of goods.
  4. A person gives another person the keys to a car so the recipient can control it. What form of transfer does this illustrate?Answer: Symbolic transfer
  5. A tenant occupies a rented home while the landlord retains ownership. Which statement is correct?Answer: The tenant may possess the home while the landlord owns it.

Based on the Wikipedia article Possession (law), licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.

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