Actual Possession | Propertylogy

Actual Possession

By on September 10, 2019

Actual possession refers to the physical occupancy or having the control of a property by someone or some party.

The possession, control, custody, or holding of the property does not necessarily have to be the property or landowner.

It can be someone who is not an owner or claimant but has the legal right to actual possession as well.

This is in contrast to constructive possession or adverse possession.

A party who has title deed to 10 acre of land and only makes use of one for residence would be said to have 1 acre of actual possession and 9 acre of constructive possession.

Sometimes tenants are only given a right to possession and might be required to get the help of the court to gain actual possession of a property.

A terre tenant is someone who has actual possession of a land.

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