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LSDefine

Simple English definitions for legal terms

substantial possession

Read a random definition: FAS

A quick definition of substantial possession:

Substantial possession is when someone has control over something that they intend to control. It can refer to actual occupancy or use of real property. It is also known as pedis possessio. This type of possession is different from possession in bad faith, which is when someone possesses something they know they shouldn't have, like a thief.

A more thorough explanation:

Substantial possession is when someone has de facto control over something that they intend to control. It can refer to actual occupancy or use of real property.

For example, if someone moves into a house and starts living there, they have substantial possession of the property. They are in control of the property and intend to keep living there.

Another example is if someone starts using a piece of land for farming. They have substantial possession of the land because they are using it and intend to keep using it for farming.

Overall, substantial possession means having control over something and intending to keep that control. It is an important concept in property law.

substantial-performance doctrine | substantial right

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