Property Law - Possession

Possession

The concept of possession developed from a legal system whose principal concern was to avoid civil disorder. The general principle is that a person in possession of land or goods, even as a wrongdoer, is entitled to take action against anyone interfering with the possession unless the person interfering is able to demonstrate a superior right to do so.


In England, the Torts Act of 1977 has significantly amended the law relating to wrongful interference with goods and abolished some longstanding remedies and doctrines.

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Famous quotes containing the word possession:

    Virtue and vice suppose the freedom to choose between good and evil; but what can be the morals of a woman who is not even in possession of herself, who has nothing of her own, and who all her life has been trained to extricate herself from the arbitrary by ruse, from constraint by using her charms?... As long as she is subject to man’s yoke or to prejudice, as long as she receives no professional education, as long as she is deprived of her civil rights, there can be no moral law for her!
    Flora Tristan (1803–1844)

    It is not her body that he wants but it is only through her body that he can take possession of another human being, so he must labor upon her body, he must enter her body, to make his claim.
    Joyce Carol Oates (b. 1938)

    ... one of the blind spots of most Negroes is their failure to realize that small overtures from whites have a large significance ... I now realize that this feeling inevitably takes possession of one in the bitter struggle for equality. Indeed, I share it. Yet I wonder how we can expect total acceptance to step full grown from the womb of prejudice, with no embryo or infancy or childhood stages.
    Sarah Patton Boyle, U.S. civil rights activist and author. The Desegregated Heart, part 1, ch. 10 (1962)