Actual Possession (Noun)
Meaning
(law) immediate and direct physical control over property.
Classification
Nouns denoting acts or actions.
Examples
- The requirement that the thief obtain actual possession of the stolen property means the prosecution must prove the thief held or carried the property before they can be convicted of theft.
- In cases of trespass, the court looks for evidence of actual possession by the defendant to determine whether they indeed had control over the land.
- The suspect was found to have actual possession of the stolen jewels, which was a key piece of evidence used to convict him of burglary.
- The landlord claimed that she had actual possession of the rental property and thus had the right to enter the premises without notice, but the tenant disputed this.
- The concept of actual possession is often used to distinguish between ownership and possession of property in real estate law.