Also known as: actual possession · constructive possession · possession
Written by attorneys · grounded in primary & secondary sources — see below
A legal relationship to property by which a person exercises control sufficient to support rights or duties. Actual possession consists of direct physical custody. Constructive possession exists when a person has the power and intent to control the property even without immediate physical presence.
Antonio Alvarado directed an innocent messenger to retrieve a briefcase from Alexandra Armstrong's office desk while she was absent. The messenger handed the briefcase to Antonio outside the building. Antonio's control through the messenger established possession sufficient for a trespassory taking analysis.
Andrew Avery executed a deed of trust on his commercial building to secure a loan from Artemis Logistics. Andrew continued to occupy and operate his business on the premises after the conveyance. His ongoing physical control constituted possession under the mortgage arrangement.
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Aether Technologies identified internal emails and server logs stored on its own systems that it intended to use in upcoming litigation. The company listed the items by category and location in its initial disclosures. The materials remained within the company's possession, custody, or control.
Alexis Archer deposited settlement proceeds belonging to client Amelia Amari into a dedicated client trust account at her bank. Archer maintained complete records of the funds and kept them separate from her operating account. The arrangement ensured the property stayed in the lawyer's possession but under proper safeguards.
Angela Acosta remained in her apartment after the written lease expired and the landlord demanded she vacate. She asserted no claim of superior title but continued to occupy the unit. Her continued presence created an estate at sufferance based on possession after termination.
Apex Dynamics took physical possession of retail space under an oral lease that violated the statute of frauds. The parties paid and accepted rent for several months. The possession and rent payments created a periodic tenancy despite the lease's invalidity.
Constructive possession arises when a person has the power and intent to control property without direct physical custody. Actual possession requires immediate physical control. Both forms can satisfy the possession element in theft offenses when the taking is trespassory.
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Yes. The mortgagor retains possession and the right to redeem even after conveying title to a trustee. This possession continues until default and foreclosure.
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A party must provide a copy or description by category and location of all documents and tangible things in its possession, custody, or control that it may use to support its claims or defenses.
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A lawyer must keep complete records of client funds and other property for five years after termination of the representation.
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…required payments to taxes, insurance, and interest on the mortgage indebtedness, While the mortgagee-purchaser is debarred from actual possession, he has, so far as rental value is concerned, the equivalent of possession during the extended period. In determining whether the provision for this temporary and conditional relief…