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Simple English definitions for legal terms
actual possession
Read a random definition: de custode amovendo
A quick definition of actual possession:
Actual possession means physically having or controlling something. It is the right to use and control something exclusively, and it can be shown by paying taxes or having outward signs of ownership. It is different from ownership or title, but it can be evidence of ownership. It can also be used in the context of criminal possession or adverse possession.A more thorough explanation:
Actual possession refers to the physical control or occupancy of a property. It is the exercise of dominion over a property and the right to exclude others from using it. For example, if you are living in a house and have the keys to it, you have actual possession of the property.
Examples:
- John lives in a rented apartment and has the keys to it. He has actual possession of the apartment.
- Mary owns a car and drives it every day. She has actual possession of the car.
These examples illustrate that actual possession involves physical control or occupancy of a property. It is the most basic form of possession and is necessary to claim ownership or control over a property.