Pollock and wright essay on possession

Possession may include some of these rights, but not all. Law and Practice 5th ed. You may possess a thing without knowing or comprehending its nature, but you do not possess it unless you know you have it", R v Boyesen [] 2 All ER Law takes this popular conception as a provisional groundwork, and builds up on it the notion of possession in a technical sense, as a definite legal relation to something capable of having an owner, which relation is distinct and separable both from real and from apparent ownership, though often concurrent with one or both of them.

Secondly, physical control is not possession, unless accompanied by intention, hence, if a thing is put into the hand of a sleeping person, he has not possession of it. In that respect, it may be distinguished from a right in reversion or in remainder.

The second element is an intention to exclude others in general from the physical occupation of the land. Thus, a person who has a registered or recorded title to land is considered to have constructive possession, except for the right of a person claiming, or who proposes to claim, a right to adverse possession, e.

Further explanation of the style of reference material is provided in the User Guide available to subscribers bibliographic references: On the other hand, if I have something on my property of which I am not aware, because it is hidden, I have the corpus, but not the right or animus.

An Essay on Possession in the Common Law

Possession consists primarily of actual occupancy and may be held irrespective of ownership or title. Ownership is a right to enjoy the use and benefit thereof and usually includes the right to destroy and, especially, includes the right to dispose of the subject to another.

Spivey, NC 57, 13 So Land Law [Australia] 5th ed. A mortgagee does not have ownership, but may have possession and the holder of a future interest has a form of ownership, but does not have possession.

Yet, as the name of Possession is in these and other ways one of the most important in our books, so it is one of the most ambiguous. We shall have to consider hereafter whether the measure of apparent power depends merely on physical facts, or is liable to be affected by the appearance or reputation of right.

This intent may exist either upon the part of the person having the physical relation to the land that is regarded as sufficient to satisfy that element of possession or upon the part of some person occupying such a relation to the first person that the intent of the second has the same legal effect", The American Law Institute, Restatement of Property St.

Description An excerpt from the beginning of the "Introduction - First Notions: An Introduction to Roman Law Oxford: Roman law draws a useful distinction between corpus and animus. Possession of real property generally means being on the property.

A History of English Law 3rd ed. The temptation is great to speak of him as the rightful possessor, or to slide from the idea of right to possession into that of right of possession; and even the language of lawyers has not escaped it. In other words, the true owner or his delegate is entitled to possession; he is not possessor, but he ought to be.

Thus, one who is in possession of land has a right to use reasonable force to keep someone from entering the land; but if another has taken possession, he may not use force to reclaim his right to possession, but he should resort to the due process of law.

Cases and Materials 8th ed.

An essay on possession in the common law

Possession with the authorization of another is a right that arises, for example, from a license or a lease permitting the use of land; it creates a form of title, but one that endures only for a certain period of time.

Sackville and Neave Property Law: If I lose something, I do not have the corpus, but would retain the animus, the intention to possession. Possession of Land Oxford: And, as if the inherent difficulties were not enough, others have been added in the course of modern legislation by making various effects and incidents of possession depend, for particular purposes, on the presence or absence of further particular conditions; and this without declaring except in some cases by the addition of epithets having no settled meaning in law, and themselves requiring interpretation in which or in how many of its more or less authenticated senses the word Possession was used.


However, the following principles have been established: The law recognizes three essential factors to constitute an absolute right to possession: Animus is the intention to benefit from possession: No plain man would hesitate to say that a squatter or a thief possesses himself of the land occupied or the goods carried away; and the law says so too.

Thus, an owner of land and a person intruding on that land without his consent cannot both be in possession at the same time.An Essay on Possession in the Common Law [Frederick Pollock, Robert Samuel Wright] on ultimedescente.com *FREE* shipping on qualifying offers.

An excerpt from the beginning of the Introduction – First Notions: POSSESSION is a term of common occurrence and no mean significance in the law. It imports something which at an earlier time constantly. Wrongful Possession of Chattels: Hornbook Law and Case Law Richard H.

Helmholz 7 F. POLLOCK & R. WRIGHT, AN ESSAY ON POSSESSION IN THE COMMON LAW (). HeinOnline -- 80 Nw. U. L. Rev. possession is incomplete and also suggest how easily absolute statements.

In Pollock and Wright™s essay on Possession in the Common Law: fiThe possession of land carries with it–possession of everything which is attached to or under that land, and, in the absence of a better title elsewhere, the right to possess it.

Jan 21,  · An Essay on Possession in the Common Law by Robert Samuel Wright,available at Book Depository with free delivery ultimedescente.com: An essay on possession in the common law / parts I and II by Frederick Pollock; part III by Robert Samuel ultimedescente.comPollock, Frederick, Sir, Moys ClassificationKN54 POLPublication InformationOxford: Clarendon Press, Get this from a library!

An essay on possession in the common law. [Frederick Pollock; Robert Samuel Wright].

Pollock and wright essay on possession
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