Federal and state laws make possession of many dangerous or unwanted objects punishable. For example, Section 5861 (1996) of 26 U.S.C.A. prohibits the possession of certain firearms and other weapons. Similarly, possession of other items deemed harmful to the public, such as narcotics, burglary tools and stolen property, is punishable under various laws. Criminal possession, particularly of drugs, has been a major source of controversy. Making possession a crime allows arrests and convictions without proving the use or sale of a prohibited item. A person who has direct physical control over something around him or around him is then in possession of it. The myriad distinctions between possession and possession, and the many nuances of possession, are complicated even for lawyers and judges. To avoid confusion about what exactly is meant by possession, the word is often modified by adding a term that describes the type of possession. For example, possession may be real, harmful, conscious, constructive, exclusive, illegal, common, legal, physical, alone, superficial, or of several other types. Often these modifiers are combined, as in “joint constructive property”.
However, all of these different types of possession flow from what the law calls “actual possession.” It is possible to want to own something without knowing that it exists. For example, if you intend to own a suitcase, you intend to own its contents even if you don`t know what`s in it. It is important to distinguish between sufficient intent to possess something and intent to commit the crime of illegal possession of something such as prohibited drugs, firearms or stolen property. [1] The intention to exclude others from the suitcase and its contents does not necessarily imply an intention to possess illegally. The ownership, control or occupation of a thing, most often land or personal property, by a person. The U.S. Supreme Court has stated that “there is no word more ambiguous in its meaning than possession” (National Safe Deposit Co. v.
Stead, 232 U.S. 58, 34 pp. Ct. 209, 58 L. Ed. 504 [1914]). Depending on how and when it is used, the term possession has a variety of possible meanings. As a result, possession or lack of possession is often controversial in civil cases involving real and personal property, and in criminal cases involving drugs and weapons, such as whether a tenant has the right to own a dwelling or whether a suspect is in possession of stolen property.
Owning real estate is a matter of physical fact. Having the right or legal right to possession is not possession. Possession is a physical concept, not a right. As Black`s Law Dictionary says, possession is “the possession or holding of property in one`s power.” This power means having physical dominance and control over property. This dominance and control can be exercised by excluding others or letting others in. It is the fact of this physical control that is possession. This power could be exercised legally or illegally. It could be exercised in a way that constitutes a violation of the law. But in any case, it is the physical fact, the fact of having or holding property in one`s power and control, which constitutes possession. Although the two terms are often confused, possession is not the same as possession. There is no legal rule that says that “possession is nine-tenths of the law,” but this phrase is often used to indicate that someone who owns an object is most likely its owner.
Similarly, people often refer to the things they own, such as clothes and dishes, as their possessions. However, the owner of an object does not always own it. For example, the owner of a car could lend it to someone else to drive. This driver would then own the car. However, the owner does not abandon the property by simply lending the car to someone else. In common law countries, possession itself is a property right. The owner of property has the right of possession and may assign this right in whole or in part to another person, who may then also assign the right of possession to a third party. For example, a residential property owner may transfer ownership to a property manager under a property management contract, who may then transfer ownership to a tenant under a lease. There is a rebuttable presumption that the owner of property also has the right of possession, and evidence to the contrary may be presented to determine who has the legal right of possession in order to determine who should actually have possession of it, which may include proof of ownership (without transfer of ownership) or proof of a right of possession without superior ownership.
Possession of a thing long enough can become property by terminating the right of possession and property rights of the previous owner. Similarly, the passage of time may terminate the owner`s right to regain exclusive possession of property without losing ownership, as if a court were to grant an adverse easement of use. “Legal possession” is a term used by the landlord-tenant bar. We recently came across a settlement agreement that required the tenant to deliver “swept legal possession” to the landlord no later than a certain date. In another situation, a good guy guarantees limited liability for obligations that arise before the date the tenant surrenders “legal possession” to the landlord. What exactly is legal possession? Possession requires both control and intent. It follows from the first moment that both conditions exist simultaneously. Usually, intent precedes control, such as when you see a coin on the bottom and stretch down to pick it up. Yet it is conceivable for a person to take control of something before intending to possess it. If he were unknowingly seated in the seat of a train and therefore in control of a $10 bill, he could take possession of it by taking cognizance of the ticket and intending to possess it.
People may also intend to own things that have been left unknowingly in spaces they control. n. Objects, objects, assets or property owned, inhabited, held or controlled. “Implied possession” includes assets that are not immediately held, but can be possessed and preserved (e.g., a key to a storage room or locker). “Criminal possession” is the possession by a minor of property that is unlawfully possessed, such as controlled narcotics, stolen property or alcohol. The old adage “possession is nine-tenths of the law” is a rule of force, not the law, since property requires both the right to possession and actual or implied possession. (See: clean) If two or more people share the property, the property is common. In civil matters, intent is rarely part of possession. However, in criminal cases, possession usually requires conscious possession. In other words, the person must be aware that the object is illegal and that he possesses it. A person who has illegal drugs can avoid conviction if they believe the drugs are legal. In general, to be guilty of criminal possession, a person must either know that the item is illegal at the time of receipt, or retain possession of the item after learning that it is illegal.
It is possible to come into possession of one thing without the consent of another. First, you could take possession of something that has never been owned before. This can happen if you catch a wild animal; Or create something new, like a loaf of bread. Second, you might find something that someone else has lost. Third, you could take something from someone else without their consent. Property acquired without consent is a property right protected by law. It leads to a right of possession enforceable against all, except those who have a better right of possession. The idea of possession is as old as the related concepts of private property and property. Our modern property laws have their origins in ancient Roman doctrines of possession.