It means that the person in possession of a piece of property may have some claim to it, whether it can be proven to belong to them or not, and it can be difficult to prove that you own something that someone else is in possession of. It depends on the situation and type of property what claim the possessor has to the property.
For example, it is very difficult to get a renter to move out of a home or apartment that you are renting to them - there is alot of red tape to go through, and everything must be done in a specific way to get them out because they are in physical possession of the property. Or if you leave a personal item at someone's home, they are in possession of it and in order to get it back you have to prove that it is yours, they do not have to prove anything. It can also mean in criminal law that if you are in possession of something illegal then you are more likely to be found guilty of the crime (drugs, stolen property ect) because you were in possession of it.
Another good example: if I loan a camera to a friend and they refuse to return it my only recourse is to sue and hope that I can prove that it is my camera and that I did not give it to them or sell it to them - they are in possession so the law assumes it is their's.
2007-05-15 04:26:35
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answer #1
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answered by ? 3
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The aphorism that "possession is nine-tenths of the law" is not a law at all, but a logical rule of force that has been recognized for ages. In other words, it does not requires a law degree to know that a person who can prove himself the owner of property to an assurance of nine-tenths probability is clearly at an advantage over someone who cannot. The rule here is (or was perhaps, back when the world was probably a bit more honest than it is today) that in many cases physical possession alone establishes this measure of rightful ownership and legal control outside of court (Though we know is this day and age that the rule doesn't always hold true, don't we? This in itself proves the adage is not an actual law, but a rule of thumb.)
2016-05-17 23:32:03
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answer #2
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answered by ? 3
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It means that in a civil contest over possession of real or personal property, that the person already in possession of the property has a better chance of keeping it.
2007-05-14 09:10:06
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answer #3
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answered by Anonymous
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Basically what it means is, if something is in your possession and ownership cannot be established, typically you're considered the owner.
Whether it be money you find on the side of the road, or drugs an officer finds in your car.
2007-05-14 07:02:44
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answer #4
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answered by Infernal Disaster 7
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It means you have possession of something or someone will have to take it away from you either by force, or by legal means.
2007-05-14 08:25:46
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answer #5
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answered by WC 7
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I'm just going to repeat what people ahead of me said to sound smart. Its basically means if ownership can't be proved by either party, whoever has it at the time of contest tends to win.
2007-05-14 16:27:10
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answer #6
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answered by Anonymous
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It means that if you possess stolen goods, you are almost as responsible for the crime as the person who stole it.
2007-05-14 06:58:04
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answer #7
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answered by Chic 6
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That means if someone leaves a jacket at your house and can't prove it belongs to them, you can claim it as yours.
2007-05-14 06:58:53
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answer #8
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answered by FireBug 5
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9 out of 10 pot smokers go to jail...
2007-05-15 00:33:25
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answer #9
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answered by ★Greed★ 7
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It means they are greedy- like little kids and the whole
"finders keepers" arguement.
2007-05-14 06:55:46
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answer #10
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answered by Anonymous
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