On the other hand, since the person entitled to possess is generally though not always the owner, and in any case is he whom wrongful possessors have most to fear, a right to possess, even a limited, conditional, or deferred right, is no less apt to be confounded with that more general right to deal with the possession which coincides with ownership Possession may include some of these rights, but not all.
Law and Practice 5th ed. Land Law [Australia] 5th ed. This intent Pollock and wright essay on possession exist either upon the part of the person having the physical relation to the land that is regarded as sufficient to satisfy that element of possession or upon the part of some person occupying such a relation to the first person that the intent of the second has the same legal effect", The American Law Institute, Restatement of Property St.
Possession is generally a matter of fact, but may not be lawful; whereas ownership is a right recognized and protected by law. Possession of real property generally means being on the property.
Animus is the intention to benefit from possession: On the other hand, if I have something on my property of which I am not aware, because it is hidden, I have the corpus, but not the right or animus.
Corpus indicates the tangible possession of something, the physical control over the entirety, including the right to use, enjoy, detain, and if one wishes providing there is no opposing or repugnant interest the right to destroy or change the character of the property.
But the true owner, or some one claiming through him, ought to have the physical control of whatever has been wrongfully occupied, and will recover it if the law be fulfilled. Thus, one who is in possession of land has a right to use reasonable force to keep someone from entering the land; but if another has taken possession, he may not use force to reclaim his right to possession, but he should resort to the due process of law.
We shall have to consider hereafter whether the measure of apparent power depends merely on physical facts, or is liable to be affected by the appearance or reputation of right. And, as if the inherent difficulties were not enough, others have been added in the course of modern legislation by making various effects and incidents of possession depend, for particular purposes, on the presence or absence of further particular conditions; and this without declaring except in some cases by the addition of epithets having no settled meaning in law, and themselves requiring interpretation in which or in how many of its more or less authenticated senses the word Possession was used.
A History of English Law 3rd ed. The Law of Property in Scotland London: It imports something which at an earlier time constantly made the difference between having the benefit of prompt and effectual remedies, or being left with cumbrous and doubtful ones; which in modern times has constantly determined and often may still determine the existence or non-existence of a right to restrain acts of interference with property, the relative priority of the claims of competing creditors, or the incidence of public burdens; and which for centuries has been, and is still capable of being, of critical importance in defining the boundary between civil wrongs and crimes.
Yet, as the name of Possession is in these and other ways one of the most important in our books, so it is one of the most ambiguous. It has been said in connection with the possession of drugs that "possession is a deceptively simple concept.
However, an owner who has granted a lease has a right to possession, as possession in this context is defined to include "receipt of rent and profits or the right to receive the same, if any", Law of Property Acts. It must be single and conclusive [exclusive] possession, though there can be single possession exercised by or on behalf of several persons jointly.
It denotes a physical control or custody of a thing plus knowledge that you have it. In that respect, it may be distinguished from a right in reversion or in remainder. Spivey, NC 57, 13 So Bailey, Ala16 So. The law recognizes three essential factors to constitute an absolute right to possession: A mortgagee does not have ownership, but may have possession and the holder of a future interest has a form of ownership, but does not have possession.
Roman law draws a useful distinction between corpus and animus. Possession of Land Oxford: Its legal senses for they are several overlap the popular sense, and even the popular sense includes the assumption of matters of fact which are not always easy to verify.
One acquires possession by an act of the mind and an act of the body—corpore et animo.Jan 21, · An Essay on Possession in the Common Law by Robert Samuel Wright,available at Book Depository with free delivery killarney10mile.com: Book digitized by Google and uploaded to the Internet Archive by user tpb.
An essay on possession in the common law Item Preview remove-circle Share or Embed This Item. by Pollock, Frederick, Sir, ; Wright, Robert Samuel, Sir, AN ESSAY ON POSSESSION IN THE COMMON LAW 1 PARTS I AND II BY FREDERICK POLLOCK, M.A., HON.
LL.D. EDIN. Mr. R. S. Wright had been confronted with a like problem in a survey of our criminal law, and had made a full study of Possession in our law, the only way to make it manifest is to state it on its own.
13 Harris, 'The Concept of Possession in English Law' in Oxford Essays in Juris prudence, 14 Hart, 'The Ascription of Responsibility and Rights' () 49 Proceedings.
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An Essay on Possession in the Common Law, Parts Frederick Pollock, Robert Samuel Wright Full view - Frederick Pollock, Robert Samuel Wright Full view - .Download