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IMPORTANT DEFINITIONS CONCERNING PROPERTY LAW

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  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 tr...

Elements of Possession

Possession is a foundational concept in property law and is crucial in determining rights and responsibilities concerning tangible and sometimes intangible assets. Being a complex concept, it holds several essential elements. These elements collectively contribute to the legal understanding of possession, and their significance may vary depending on the legal system and context.   The elements of possession often include the following things: Intention: There must be an intention to possess the object, indicating a conscious and deliberate effort to exercise control over it. Physical Control: Possession typically involves physical control or custody of the object. This element is tangible and can be observed. Knowledge: The possessor should be aware of their control over the object, understanding that they can exclude others from it. Duration: Possession is not a momentary act; it implies a certain degree of continuity or duration. The possessor exercises control over time...