Possession (law)

In law, possession is the exercise of dominion by a person over property to the exclusion of others.

In common law countries, the intention to possess a thing is a question of fact that can be proven by acts of control and surrounding circumstances.

It is important to distinguish between the intention sufficient to obtain possession of a thing and the intention required to commit the crime of possessing something illegally, such as banned drugs, firearms or stolen goods.

In such circumstances, some people make it clear that they do not want possession of the things brought there by the public.

For example, it is not uncommon to see a sign above a coat rack in a restaurant that disclaims responsibility for items left there.

In the same way, the passage of time can bring to an end the owner's right to recover exclusive possession of a property without losing the ownership of it, as when an adverse easement for use is granted by a court.

Only a legal (possessor has legal ground), bona fide (possessor does not know lack of right to possess) and regular possession (not acquired through force or by deceit) can become ownership over passage of time.

For example, if you leave a book that belongs to you at a cafe and the waiter picks it up, you have lost possession.

Nevertheless, it is conceivable that a person might obtain control of a thing before forming the intention to possess it.

People may also intend to possess things that are left without their knowledge in spaces that they control.

A common transaction involving bailment is a conditional sale or hire-purchase, in which the seller lets the buyer have possession of the thing before it is paid for.

This can occur when you catch a wild animal; or create a new thing, such as a loaf of bread.

Possession acquired without consent is a property right which the law protects.