Also known as: actual possessions · actually possess · actually possessed · actually possessing · physical possession
Written by attorneys · grounded in primary & secondary sources — see below
Physical occupancy or control over property. This form of possession requires direct exercise of dominion through presence or handling rather than legal rights alone.
Andre Antoine ordered custom parts from Alpine Mining. After delivery Andre inspected the parts and rejected them for nonconformity. He kept the parts in his warehouse under lock while notifying Alpine. Andre must safeguard the parts with reasonable care until Alpine retrieves them.
Albert Allen defaulted on his mortgage held by Home Building & Loan. The lender obtained a foreclosure judgment but the court extended the redemption period. Albert continued living in the house and paying rental value to the court. His continued residency constituted actual possession during the extension.
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Antonio Alvarado owned an apartment building. Teleprompter installed cable boxes and wires on the roof without consent. The permanent physical attachment gave the company actual possession of portions of the building. Loretto sued claiming a taking occurred through that occupation.
Adrian Aguilar and a supplier met in a hotel room to exchange narcotics. The supplier left the drugs in a bag inside the room when both departed. Agents later found the bag. Courts examined whether Adrian had actual possession of the drugs at the time of the meeting.
Amber Alonzo owned a residence subject to federal forfeiture proceedings. The government obtained a warrant and took control of the house before any hearing. Agents changed the locks and posted notices. This action placed the property in the government's actual possession.
Alexis Archer owned rental units subject to a state land-reform statute. The housing authority sought to transfer title to tenants. Alexis remained physically present in one unit and collected rents from others. Her continued presence established actual possession of the premises.
Actual possession requires direct physical occupancy or control of the property. Constructive possession arises when a person has the legal right or power to control property without current physical presence.
A buyer who has taken physical possession before rejection must hold the goods with reasonable care for a reasonable time to allow the seller to retrieve them. Failure to do so may expose the buyer to liability for damage.
Actual possession provides notice to the true owner that someone is using the land. It also starts the limitations period and shows the claimant has ousted others from the property.
…a practical matter the Order led to consequences no different from those that would have followed the temporary acquisition of physical possession of these mines by the United States," id. , at 181, the Court reasoned that "the Government did not occupy, use, or in any manner take physical possession of the gold mines or of the…