actual possession

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Related to actual possession: constructive possession
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  • noun

Words related to actual possession

(law) immediate and direct physical control over property

References in periodicals archive ?
The inheritance possession must not be confused with the notion of possession as the first does not imply the meeting of the two elements required by law to usurp, the actual possession and intention to possess the goods for himself, since this is about the exercise of successional rights (Baias et al, 2012: 1171).
An adverse possessor might have actual possession of only a certain portion, such as a fenced-in area adjacent to the property line (10) or a campsite gradually constructed in an uncultivated area, (11) leaving the remainder to the original owner.
These proceedings are generally referred to as 'retrieval' proceedings and from the mortgagee's perspective are usually based on proving ownership of the aircraft (as mortgagee, such as a right to repossess following default under the mortgage or the facility secured by such mortgage, whereby they are the ultimate owner of the aircraft and entitled to possession over that of another party who is in actual possession of the aircraft).
There are two ways to exercise control: actual possession and constructive possession.
Or, again in the Middle East, there has been the blind eye endlessly turned to Israel's actual possession of nuclear weapons, in contrast to the response to Iran's possible early moves in that direction.
Florida is among 16 states (Alabama, Arkansas, Florida, Indiana, Iowa, Kansas, Kentucky, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, Oklahoma, South Carolina, Tennessee and Texas) using the 2002 amendment to UCC section 3-309, simplifying the proof to enforce the instrument, requiring only proof that each transferor was entitled to enforce the instrument when loss of possession occurred, without requiring actual possession.
Obama's may be actual possession of a bomb, although the distinction may seem slight to some.
Banks and other lenders have an incentive to avoid foreclosure when the process results in their taking actual possession of property.
In Shilts, the Alaska Supreme Court was most likely recognizing the concept of "constructive seisin"--the idea that a record owner of a fee estate need not have actual possession in order to have seisin.
But the wonders of modern technology now mean that talking dictionaries are commonplace and it seems that De-main it is, meaning an owner's actual possession of property rather than it being with a tenant.
They had a lot of the ball, but the actual possession they had they didn't create many chances.
Vivitar argued in response that the value of the goods was received by Plastech and that Plastech had "constructive possession" even if not actual possession of the goods.
It depends on the place, the conditions, and the nature of the transaction, and may even arise from the fact that the thing came into the actual possession and control of a person fortuitously, or by mistake.
courts, the res that is the object of the maritime claim must be in the actual possession of the foreign state at the time the case is brought.
The time from when acquisitive prescription begins to run varies by situation-premise on which the request for registration of property is founded, starting either from the date of death or closure of the owner of the property or from the date of registration in the land book of the declaration of renunciation of property, or, in the absence of entries in the land books, since the actual possession of the usurpator begins on the immobile good.