The 'Lectric Law Library's Lexicon On
* Possession *

 

POSSESSION - A person has possession of something if the person knows of its presence and has physical control of it, or has the power and intention to control it. [More than one person can be in possession of something if each knows of its presence and has the power and intention to control it.]

The law recognizes several kinds of possession. A person may have actual possession or constructive possession. A person may also have sole possession or joint possession.

A person who has direct physical control of something on or around his person is then in actual possession of it.

A person who is not in actual possession, but who has both the power and the intention to later take control over something either alone or together with someone else, is in constructive possession of it.

If one person alone has possession of something, possession is sole.

If two or more persons share possession, possession is joint.


Need a Lawyer? Check Out The 'Lectric Law Library's Searchable Attorney Directory
& our Searchable Expert Witness Directory

Back To The Letter * P *
  The Lexicon's Lyceum Other Letters' Terms & Important Info.
  The Reference Room Dozens Of Legal Topic Areas
  The Rotunda Our Central Hub, Directory & Index
Search by
Google
Web Search Search the Library

Court, Business and Personal Forms for all Situations and Locations
'LLL's 25,000+ Premium Forms - Every Subject, Every State
(This should open a new window. Close it when you're done and you may be back here.)