Differentiate possession and ownership under the law?

Answer 1

Wrong, possession is a legal term. It is the right to enjoy the particular property. In a lease contract, the leasee has possession but the lessor has ownership. The leasee guarantees the possession of the property for the term of the contract but the lessor is the only one who can sell it

Answer 2

There is a fine distinction between possession and ownership. Possession is having dominion and control of something. Ownership is having title to an item. You can have one without the other.

Aside from any examples of people wrongfully pssessing something, you can also legally possess something owned by someone else. If you loan me you football, Once you give it to me I have possession of the ball. I have the ultimate right to use the football as against anyone else (except you). When I show up in the park with the football, I am exercising dominion and control over it. Now I toos the ball to someone else. When that person has the ball in their hands, they are possessing it and so am I. They are physically possessing it, and I am possessing it in a constructive manner. Although while the ball is in their hands, I am not holding it, I still have superior rights to the bal against everyone else, including the person I threw it to, again with the exception of you, who has title to the ball. Now you own the football. you are neither actually or constructively possessing the ball, but you have title to it. your rights to the ball are superior to anyone in the world because you are the owner. It makes no difference as to whether you possess the ball at any particular moment, your right to possession is superior to mine. Is it possible that your right to possession is not superior to mine? Yes. if there is a contract and I rent the item from you, then my right to possession is superior to yours. For example, if you own a building and I rent an apartment from you. You still own the building, but my right to possession (of the apartment I am renting) is superior to your right of possession due to our contratual realtionship. A contract will usually spell out what your rights as owner and my rights as renter, borrower, tenant will be. If there is no contract, then comon law (historical patterns, custom and usage) will control the relationship between owner and possessor.

Lastly, a person in possession can become the owner in a process called adverse possession. This involves claiming possession in an open and notorious manner that is advierse to the owner and without the owner's permission for a specified length of time. (Usually a long time.)

Just remember the old adage, "Possession is nine-tenths of the law."

Answer 3

Example: You own a house that you don't live in.... I'm a bum off the street and I find it.. and I decide that I'm going to live in it. You own it, I posess it..

Ownership - The state or fact of being an owner.
Legal right to the possession of a thing.

Posession - Actual holding or occupancy with or without rightful ownership.

Answer 4

possession isn't a legal term. ownership is.

possession is sometimes associated with the use of an object, and not it's ownership.


(maybe you should precise the law of which country you're refering too, as well)

Answer 5

It's the difference between holding something and owning something.... think of it this way...

You can live in a house (have possession of the house), but you may not own the house....

Answer 6

Possession--it is under your control.

Ownership--you have legal title exclusive legal rights