IMPORTANT DEFINITIONS CONCERNING PROPERTY LAW

 




Actual delivery of possession: Actual delivery of possession refers to the physical transfer of an object from one person to another. It involves the tangible and real transfer of possession. In property law, actual delivery is often a crucial element in the transfer of ownership. It signifies a direct and immediate change in possession, indicating that the new possessor now has physical control over the object. 

Constructive delivery of possession: Constructive delivery of possession is a legal concept where possession is transferred without a physical handing over of the object. Instead, symbolic actions or legal instruments are used to represent the transfer of possession. Constructive delivery recognizes that, in certain situations, the nature of the object or the circumstances may make it impractical to achieve actual delivery. Legal documents, such as deeds or contracts, are employed to symbolize the intention to transfer possession without the need for a physical transfer. 

Positive Prescription: Positive prescription, also known as acquisitive prescription, is a legal principle that allows an individual to acquire ownership or certain rights in property through continuous and undisputed possession for a statutory period. In essence, it is the legal recognition that long-term, peaceful possession can transform into legal ownership. 

Negative Prescription: Negative prescription, or extinctive prescription, involves the loss or extinction of certain rights due to the failure to assert or exercise those rights within a specified period. It is the idea that certain rights can be extinguished if not actively maintained or enforced.


© YASIN AL RAZI


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