Possession , juristic exposition of term Possession, Elements of Possession, kinds of possession

1. POSSESSION
Hasan Sher
University of Sargodha (LL.B 3-years 2012-
20015)

2. INTRODUCTION
Sir Fedrick Pollock’s
“Im Common speech a man is said to possess or
to be in possession of any thing of which he has the
apparent control or form the use of which he has
the apparent power of excluding others”

3. INTE RPRE TATION OF TE RM POSSE SSION
1:Literal interpretation
 “Possessing”
2:Legal interpretation
“The fact of having or holding property in one’s power; the
existence of dominion over property”

4. JURISTIC EXPOSITION
OF TERM POSSESSION
1:Oliver Webdell Holme’s View
“To gain possession a man must
otand in a certain physical relation to
the object and to the rest of the
world and must have certain intent”

5. JURISTIC EXPOSITION OF TERM POSSESSION
Holland’sView
“The right of the possessor to
continue to possess is called the ius
possessions. In order to ascertain what
the right is.if any which results form
possession is which is recongnized as
having legal consequences”

6. JURISTIC EXPOSITION OF TERM
POSSESSION
3:Bentham’s View
“Defining the concept of
possession is like defining the
goemetric conception of
roundness”

7. JURISTIC EXPOSITION OF TERM
POSSESSION
4:Salmond’s View
“The continuing exercise o to the a
chaim exclusive use of an objectf”

8. ELEMANTS OF
POSSESSION
Savigny’s View
“Possession Consisted of two
ingredients ,corpus possessions
effective control and animus domini
,the intention to hold as owner .Since
possession involved both these
elements the permanent loss of one
or the other brought possession to an
end”

9. CORPUS POSSESSION
[Latin]Roman law . “The physical aspect of possession”
“The corpus possessions consists in the existence of physical power to
exclude foreign interference and secure the thing to one self”

10. E L E ME NTS OF CORPUS POSSE SSIONS
a)Relation of the possessor to other Person:
1 The physical power of the possessor
2 The personal presence of the possessor
3 By concealment of a thing
4 By Custom
5 Respect for rightful claims for the manifestation of the animus domini
6 The Protection afforded by the possession of other things

11. ELEMENTS OF CORPUS
POSSESSIONS
b)Relation of the possessor to the things possessed
“Corporeal content is not the physical element which is involved in the conception of
possession .It is rather the possibilty of dealing with a thing as we like and of excluding
others”
1)Animus possidendi
“The intent to possess thing”

12. BRIDGES VS HAWKESWORTH
Held :
plantiff as the finder had property in the notes as against every
one but the owner .(1851)21 LTQB 75)

13. KINDS OF POSSESSION
1 Corporeal possession and Incorporeal Possession
a)Corporeal Possession:
Possession of a material object .
(Black Law Dictionary)
b)Incorporeal possession :
“Possession of something of something other than a material object such as easement
over a neighbour’s land Possessio Juris”
(Black Law Dictionary)

14. KINDS OF POSSESSION
Madiate and Immediate Possession
a)Madiate possession
“Possession of a thing through some one else such as an agent”
(Black Law Dictionary)
b)Immadiate possession
“Possession that is acquired or retained directly or personally”
(Black Law Dictionary)

15. KINDS OF POSSESSION
Possession in fact and in law:
a) Possession in fact:
“Actual possession that may or may not be recoqnized by law possessio naturalis”
(Black Law Dictionary)
b) Possession in Law :
“Possession that is recognized by the law either because it is a specific type of possession
in fact or because the law for some special reason attributes the advabtages and results of
possession to some one who does not infact possess”(Black Law Dictionary)

16. KINDS OF POSSESSION
C) Denivative Possession :
“lawful possession by one who does not hold little”(Black Law Dictionary)

17. MODES OF ACQUIRING
POSSESSION
Taking :
“To help yourself to a thing “
Kinds of taking
1 Original
2 Derivative
Delivery
“Acquistion of possesstion with the consent of previous owner “
Kinds of Delivery
1 Actual Delivery
2 Construtive Delivery
Kinds of Constructive
delivery
1 TRADITIO BREVI
MANU
2 CONTITUTUM
POSSESSORIUM
3 ATTORNMENT

18. CONCLUTION
Salmond
“The continuing of a claim to the exclusive use of an object”

19. THE END