![]() To properly deal with these situations, courts have broadened the scope of possession beyond actual possession. Frequently, a set of facts clearly indicate that an individual has possession of an object but that he or she has no physical contact with it. This type of possession, however, is by necessity very limited. Likewise, if you have your wallet in your jacket pocket, you have actual possession of your wallet. For example, a person wearing a watch has actual possession of the watch. Actual possession, also sometimes called possession in fact, is used to describe immediate physical contact. "Actual possession is what most of us think of as possession-that is, having physical custody or control of an object" ( United States v. Many times these modifiers are combined, as in "joint constructive possession." All these different kinds of possession, however, originate from what the law calls "actual possession." Actual Possession For example, possession may be actual, adverse, conscious, constructive, exclusive, illegal, joint, legal, physical, sole, superficial, or any one of several other types. To avoid confusion over exactly what is meant by possession, the word is frequently modified by adding a term describing the type of possession. The myriad distinctions between possession and ownership, and the many nuances of possession, are complicated even for attorneys and judges. However, the owner does not give up ownership simply by lending the car to someone else. For example, an owner of a car could lend it to someone else to drive. However, the owner of an object may not always possess the object. Likewise, people often speak of the things they own, such as clothes and dishes, as their possessions. No legal rule states that "possession is nine-tenths of the law," but this phrase is often used to suggest that someone who possesses an object is most likely its owner. Possession versus OwnershipĪlthough the two terms are often confused, possession is not the same as ownership. ![]() Following the War of Independence, state and federal courts continued to use and expand upon the historical notions of possession. English Natural Law inherited most of the Roman possession ideas, and later the British brought their law of possession to the American colonies. Our modern possession laws originated in the ancient Roman doctrines of possessio. The idea of possession is as old as the related concepts of private property and ownership. As a result, possession, or lack of possession, is often the subject of controversy in civil cases involving real and personal property and criminal cases involving drugs and weapons-for example, whether a renter is entitled to possession of an apartment or whether a criminal suspect is in possession of stolen property. Depending on how and when it is used, the term possession has a variety of possible meanings. Supreme Court has said that "there is no word more ambiguous in its meaning than possession" ( National Safe Deposit Co. Send us feedback.The ownership, control, or occupancy of a thing, most frequently land or Personal Property, by a person.The U.S. These example sentences are selected automatically from various online news sources to reflect current usage of the word 'actual.' Views expressed in the examples do not represent the opinion of Merriam-Webster or its editors. ![]() Mark Jenkins, Washington Post, 17 June 2022 See More Joshua Hawkins, BGR, 17 June 2022 Mock foliage and actual vegetation dominate the main gallery at Brentwood Arts Exchange, but at the room’s center is a grove not of trees, but of stools. John Benson, cleveland, 19 June 2022 The site itself is located a good distance from the actual launch pad. Jacob Gallagher, WSJ, 20 June 2022 Oh, how about the Hodor exhibit that features the actual door - replete with wight hands reaching out - used to shoot his heartbreaking death. Globe Staff,, 20 June 2022 Yet one lap past the actual wares of the fair, where most brands marketed inviting, informal clothes, and these dutiful dandies appear as archaic as a crumbling fresco. Roland Fryer, Fortune, 20 June 2022 But those are an imprecise numbers, and the report recommends the Boston Licensing Board require actual purchase-and-sale prices to be entered into public record. Recent Examples on the Web It was revealed that records were falsified and, as has been widely reported, state officials revealed themselves to be utterly dismissive of the concerns of the actual residents.Ĭhris Jones, Chicago Tribune, 20 June 2022 A week ago, one dam was decommissioned as levels dropped too low to extract any actual water - its pipes were just sucking up mud.ĬNN, 20 June 2022 For decades, social scientists have shown that raw gaps in employment outcomes like hiring or wages–the type of data typically provided to C-suite executives–misstate the amount of actual bias in an organization.
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