The word possession in law oftentimes coincides with ownership. And to the layman, the terms seem to have the same meaning. But they’re two different terms with distinct meanings. They have distinct legal definitions.
To understand what is ownership?
Ownership is the exclusive legal right to possess something. Ownership is the total of the right of possession. It entails both the right to possession and destruction.
In other words, if you own a thing, you have the right to destroy it at will. Meaning that the owner of a property has the exclusive authority to use the property the way he or she chooses and can destroy it willfully without being charged for defaulting or committing an offense.
This is how it applies to the law.
As far as the law is concerned, there are six essential characteristics of ownership. They are included not limited to what we have listed here below
1. The owner has the absolute right to possession. It is immaterial whether the owner is in actual possession of the object in question
2. The owner has the liberty or right to enjoy the said property or object. No one has the authority to preempt or stop the owner from using the property he owns to his pleasure. No one has such right. It is practically unlawful.
3. Ownership also means that the property owner has the right to exhaust the object while using it.
4. The owner can also destroy an object belonging to him during his lifetime or via his will – without being queried. He could choose to distribute his property the way he will. Note that you cannot distribute what you don’t own. Though this right is sometimes restrictive by law.
5. Ownership is also for an indeterminate duration. Unlike ownership, possession or the right to use is for a limited period. Time-bound. But as long as the property or object belongs to you, you can make use of it for as long as it exists.
6. Ownership is residuary. For example, if the owner leases his property or gives it out for use, he remains the owner. And has the final verdict over the property belonging to him or her.
Now, understanding possession?
Possession means having physical custody or control of a property to continually retain the property. An individual can possess a property he or she does not own. Possession or the right to use is for a limited time. Put differently, when it comes to possession there is a limited period.
So that you can be in possession but not in ownership. Take, for instance, Mr. XYZ has land or building belonging to some else does not imply that he has any right ownership whatsoever on the property by law. Meaning that Mr. XYZ can be instructed to submit the possession of the item to the legitimate owner at any time with or without XYZ’s notification.
More so, Mr. XYZ can be in possession as a tenant or squatter and that does not delineate the right of ownership to him. The landlord of the house remains the owner of the property. The tenant is merely an occupant but not the property owner.
However, there is an instance where wrongful possession can be protected by law – even against the legitimate owner. For example, it is difficult to evict a tenant even if the tenant is staying in the house wrongfully, although laws may differ across countries, states, and regions
To an extent, in some countries, to evict a tenant, you need to go to court. If you evict a tenant though he or she is staying in your property wrongfully, the law will not back you for the wrong eviction.
Let’s look at Instances of Ownership & Possession
1. The relationship between the landlord and the tenant – now before you move into an apartment, you must have fulfilled all necessary procedures and requirements with the house owner. Then at that time, the landlord hands you the key/access into the house. At that point, the tenant is said to lawfully possess the house. While the landlord remains in the ownership of the property.
2. A person that has the consent of the owner to stay on the property – you have the right of possession if you’re authorized by the owner to occupy or stay on the property (be it house or land). When there’s no consent, of course, you’re an illegal occupant or trespassing.
3. A person that has occupied land for years – even if the land is not legally owned by the possessor, he can challenge or sue a trespasser; in so far as he has occupied the land for quite a long period.
Let’s also take a look at instances of unlawful possession
Unlawful possession can ensure;
1. When for instance a tenant has not satisfied or met with the tenancy terms and agreement.
2. When a tenant is owing arrears of his tenement rent. So if you’re owing your Landlord and have not paid your rent, then you’re possessing another man’s property unlawfully.
3. When an individual trespasses into another man’s land or apartment. This means a person in possession of another party’s property without the owner’s consent is said to be in unlawful possession. NOTE, when it comes to ownership and possession, CONSENT is crucial.
In conclusion, note that ownership automatically comes with possession. Whilst possession does not embody ownership and remembers that laws governing ownership and possessions may differ across all countries, so where ever you are reading this from ensuring that you read and understand the law when it comes to properties and real estate business in your area
In all, I hope this article has been able to make clear the difference between ownership and possession in law as it pertains to real estate, join the conversation by creating your World Forum Free Account and signup so you can comment, create threads and be the live reporting, sharing your experience and knowledge here
To understand what is ownership?
Ownership is the exclusive legal right to possess something. Ownership is the total of the right of possession. It entails both the right to possession and destruction.
In other words, if you own a thing, you have the right to destroy it at will. Meaning that the owner of a property has the exclusive authority to use the property the way he or she chooses and can destroy it willfully without being charged for defaulting or committing an offense.
This is how it applies to the law.
As far as the law is concerned, there are six essential characteristics of ownership. They are included not limited to what we have listed here below
1. The owner has the absolute right to possession. It is immaterial whether the owner is in actual possession of the object in question
2. The owner has the liberty or right to enjoy the said property or object. No one has the authority to preempt or stop the owner from using the property he owns to his pleasure. No one has such right. It is practically unlawful.
3. Ownership also means that the property owner has the right to exhaust the object while using it.
4. The owner can also destroy an object belonging to him during his lifetime or via his will – without being queried. He could choose to distribute his property the way he will. Note that you cannot distribute what you don’t own. Though this right is sometimes restrictive by law.
5. Ownership is also for an indeterminate duration. Unlike ownership, possession or the right to use is for a limited period. Time-bound. But as long as the property or object belongs to you, you can make use of it for as long as it exists.
6. Ownership is residuary. For example, if the owner leases his property or gives it out for use, he remains the owner. And has the final verdict over the property belonging to him or her.
Now, understanding possession?
Possession means having physical custody or control of a property to continually retain the property. An individual can possess a property he or she does not own. Possession or the right to use is for a limited time. Put differently, when it comes to possession there is a limited period.
So that you can be in possession but not in ownership. Take, for instance, Mr. XYZ has land or building belonging to some else does not imply that he has any right ownership whatsoever on the property by law. Meaning that Mr. XYZ can be instructed to submit the possession of the item to the legitimate owner at any time with or without XYZ’s notification.
More so, Mr. XYZ can be in possession as a tenant or squatter and that does not delineate the right of ownership to him. The landlord of the house remains the owner of the property. The tenant is merely an occupant but not the property owner.
However, there is an instance where wrongful possession can be protected by law – even against the legitimate owner. For example, it is difficult to evict a tenant even if the tenant is staying in the house wrongfully, although laws may differ across countries, states, and regions
To an extent, in some countries, to evict a tenant, you need to go to court. If you evict a tenant though he or she is staying in your property wrongfully, the law will not back you for the wrong eviction.
Let’s look at Instances of Ownership & Possession
1. The relationship between the landlord and the tenant – now before you move into an apartment, you must have fulfilled all necessary procedures and requirements with the house owner. Then at that time, the landlord hands you the key/access into the house. At that point, the tenant is said to lawfully possess the house. While the landlord remains in the ownership of the property.
2. A person that has the consent of the owner to stay on the property – you have the right of possession if you’re authorized by the owner to occupy or stay on the property (be it house or land). When there’s no consent, of course, you’re an illegal occupant or trespassing.
3. A person that has occupied land for years – even if the land is not legally owned by the possessor, he can challenge or sue a trespasser; in so far as he has occupied the land for quite a long period.
Let’s also take a look at instances of unlawful possession
Unlawful possession can ensure;
1. When for instance a tenant has not satisfied or met with the tenancy terms and agreement.
2. When a tenant is owing arrears of his tenement rent. So if you’re owing your Landlord and have not paid your rent, then you’re possessing another man’s property unlawfully.
3. When an individual trespasses into another man’s land or apartment. This means a person in possession of another party’s property without the owner’s consent is said to be in unlawful possession. NOTE, when it comes to ownership and possession, CONSENT is crucial.
In conclusion, note that ownership automatically comes with possession. Whilst possession does not embody ownership and remembers that laws governing ownership and possessions may differ across all countries, so where ever you are reading this from ensuring that you read and understand the law when it comes to properties and real estate business in your area
In all, I hope this article has been able to make clear the difference between ownership and possession in law as it pertains to real estate, join the conversation by creating your World Forum Free Account and signup so you can comment, create threads and be the live reporting, sharing your experience and knowledge here