Kinds of possession || Jurisprudence ||
In our last article (Meaning, Definition, and Elements of Possession), we have discussed the topic possession,
it’s meaning essential, etc.
In this article, we will discuss the
kinds of possession, such as mediate, immediate, corporeal, incorporeal,
adverse, constructive, etc.
Kinds of possession:-
Mediate Possession:-
Mediate possession is the possession through
another person. It is additionally called indirect possession.
For instance, if I purchase a book through an agent or servant, I have
mediate possession so long as the book remains in the possession of my agent or
servant.
Salmond instances three categories of mediate possession as follows:-
Possession acquired through agent or
servant;
Possession held through a borrower or
hirer to the tenant where the res i.e., the object can be demanded at will;
Where the property is lent for a fixed
period of time or delivered as security for the repayment of a debt.
Immediate possession:-
Immediate possession is additionally called
‘direct possession’. In such possession, the relation between the possessor and
the thing possessed is a direct one, and immediate without intervening agency,
it is called immediate possession.
For
example, when I purchase a mobile, I have immediate possession of it
without any intervening agency.
The things in the possession of a
master, principle, and owner are said to be in their immediate possession.
Corporeal Possession:-
Corporeal Possession is the possession of
material things like land, house, buildings, and movable like books, chattels,
etc. In this case of corporeal possession, the corpus possessionis
consists, firstly confirming exclusion of other’s interference and secondly in
the enjoyment of the thing at will without external interference. Actual use of
a thing is, however, not necessary.
Incorporeal Possession:-
Incorporeal
Possession means possession which is related to immaterial or intangible things
which we cannot touch, see or perceive such as copyright, trademark, right of
reputation and goodwill, etc. Actual continuous use and enjoyment are deemed as
an essential condition in incorporeal possession. The reason being that in this
case, the power of exercising the possession at will is not visible as an
objective fact because of its incorporeal nature. In brief, continuous non-use
may give rise to the non-existence of the possession of such things.
Adverse Possession:-
Adverse possession implies the possession by
a person holding the land on his own behalf of some other person and setting up
his claim as the true owner of the land. If the adverse possession is
continuous, peaceful, undisturbed and open for more than the years prescribed
in different legal systems then, the title of the true owner is extinguished
and the person in possession becomes the actual owner.
Constructive Possession:-
According
to Pollock, constructive possession is possession in law and not actual
possession. It is a right to recover possession.
For instance, the delivery of keys of a building or a warehouse may give rise to constructive possession of the
contents to the transferee of the key.
However,
Prof. Keeton does not recognize this kind of possession because, in his view,
the delivery of key is more than a symbolical act, witnessing that possession
has changed. A key is a device by virtue of which control of the building or
warehouse is obtained and, therefore, with the key goes the control and
consequently the possession. This is, therefore, a case of actual possession
and not that of constructive possession.
Possession
in Law:-
Possession in law is additionally
called dejure possession. It exists when a person claims a thing as his
or her own in a natural normal manner by occupying a thing without any dispute
as to his legal right to possess. The legal right may exist with or without
possession. It is just possible that a man may have ceased to live in a house
but without intending to abandon it for good as the owner of the house.
Possession in fact:-
Possession, in fact, is additionally called de
facto possession. It exists when the thing is in the immediate occupancy of
a person. The person has physical control of the thing to the exclusion of
others. And has animus and corpus over the material object. It is actual
possession, which can be held to be prima facie evidence of ownership.
Hi guys, if you want all the Jurisprudence articles in PDF format then
contact us on our Email address:- conact@lawnotes4u.in,
we will provide it at the nominal cost so that we can manage this site in a
better way.
Thanks
for reading.
No comments:
Post a Comment