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12/23/19

Kinds of possession || Jurisprudence ||


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.

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