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)

    There is the falsely mystical view of art that assumes a kind of supernatural inspiration, a possession by universal forces unrelated to questions of power and privilege or the artist’s relation to bread and blood. In this view, the channel of art can only become clogged and misdirected by the artist’s concern with merely temporary and local disturbances. The song is higher than the struggle.
    Adrienne Rich (b. 1929)

    When we believe ourselves in possession of the only truth, we are likely to be indifferent to common everyday truths.
    Eric Hoffer (1902–1983)