constructive possession

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Related to constructive possession: actual possession
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  • noun

Words related to constructive possession

(law) having the power and intention to have and control property but without direct control or actual presence upon it

References in periodicals archive ?
Some states allow an adverse possessor with color of title to claim constructive possession of the entire parcel referred to in the title, even if actual possession only took place on a small portion.
Constructive possession means the person is aware of the presence of the substance, the [begin strikethrough]controlled[end strikethrough] substance is in a place over which the [begin strikethrough](defendant)[end strikethrough] person has control, and the person has the ability to control the substance [begin strikethrough]or in which the (defendant) has concealed it[end strikethrough].
The possession referred to was "an actual possession, and not that mere constructive possession which is very often implied by reason of ownership under circumstances favorable to such implication.
Nevertheless, these constructive possession doctrines serve other
Even if they have no money on them and are not the tellers, those kinds of employees still have constructive possession of money," Sanchez said.
A person who, although not in actual possession, knowingly has both the power and the intention at a given time to exercise dominion or control over a thing, or to exercise dominion or control over the area in which that thing is found, whether directly or through another person, is then in constructive possession of the thing.
Repurchase transactions are secured by collateral held in actual or constructive possession by the HighMark Group's custodian.
iii) The products/commodities sold or purchased are in the physical or constructive possession of the seller who also bears the risk corresponding to the possession.
holds all investments and collateral (excluding collateralized certificates of deposit) in constructive possession on behalf of the pool.
In order to establish constructive possession of an object that was in a place (defendant) did not control, the State must prove (defendant) (1) knew that the object was within [his] [her] presence and (2) exercised management, control, or ownership over the object itself.
In an effort to overcome this difficulty, prison officials have taken to relying on constructive possession in disciplinary hearings to determine guilt or innocence.
Larceny-theft (except motor vehicle theft)--The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another.
2056(b)-7(b)(3) allows the election to be made by any person in actual or constructive possession of the property (e.
Larceny-theft is the unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession, of another.
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