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FINDLAW LEGAL DICTIONARY

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Possession

possession n

1 : the act, fact, or condition of having control of something: as
a : actual possession in this entry
b : constructive possession in this entry
c : knowing dominion and control over a controlled substance or other contraband
d in the civil law of Louisiana
: the detention or enjoyment of a corporeal thing
e : control or occupancy of property

actual possession
1 : direct occupancy, use, or control of real property [had actual possession of the land despite a lack of legal title]
2 : direct physical custody, care, or control of property or contraband (as illegal drugs) [actual possession is not necessary to sustain a conviction "State v. Garrison , 896 S.W.2d 689 (1995)"]

adverse possession
: actual possession of another's real property that is open, hostile, exclusive, continuous, adverse to the claim of the owner, often under a claim of right or color of title, and that may give rise to title in the possessor if carried out for a specified statutory period (as ten years)
;also
: the method of acquiring title by such possession see also hostile possession and notorious possession in this entry compare prescription

civil possession
in the civil law of Louisiana
: possession that exists by virtue of an intent to be the owner of a property even though one no longer occupies or has physical control of it

constructive possession
1 : possession that exists by virtue of a right (as by title) rather than direct occupancy or control
2 : the knowing ability and sometimes intent to exercise dominion and control over something (as illegal drugs) either directly or through others

hostile possession
: possession (as in adverse possession) that is antagonistic to the claims of all others (as a record owner) and that is carried out with the intention to possess the property exclusively

notorious possession
: possession (as in adverse possession) that is so conspicuous that it is generally known by people in the vicinity of the property and so gives rise to a presumption that the owner has notice of it

precarious possession
in the civil law of Louisiana
: possession of property that is exercised by another (as a lessee) with the permission of or on behalf of the owner see also acquisitive prescription at prescription
2 : something controlled, occupied, or owned [personal s ]



Source: Merriam-Webster's Dictionary of Law ©1996. Merriam-Webster, Incorporated. Published under license with Merriam-Webster, Incorporated.