Also known as: ius possidendi · right of possession
Written by attorneys · grounded in primary & secondary sources — see below
A legal entitlement to hold or control property as against others. The right arises from ownership, lease, or other lawful claim and determines who may exclude third parties from the asset.
James Johnson holds title to a warehouse subject to a mortgage held by Jackson Mutual. Without the lender's consent he allows the roof to deteriorate and stops paying taxes. The mortgagee asserts its right of possession to protect the security after the waste impairs the property's value.
Jessica Jacobs serves as treasurer for Juarez Holdings and lawfully controls company bank accounts. She later transfers funds into a personal account and spends them. The company claims she violated its right of possession by converting assets she initially held lawfully.
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John Jones conveys a painting to his son but reserves the right to keep it on his wall for life. After the father's death the son asserts his right of possession against the stepmother who refuses to surrender the artwork.
Joanna Jung leases an office building to a tenant but refuses to deliver the keys on the lease start date. The tenant sues to enforce its right of possession under the lease agreement.
Jeanette Jensen obtains a divorce decree in one state that awards her the family farm located in another state. The former spouse challenges enforcement, arguing the forum lacked authority to adjudicate the right of possession to the real property.
Jacqueline Juarez operates an organic farm next to a conventional field sprayed by Jennings Forge. Chemical drift lands on her crops. She sues to vindicate her right of possession against the physical invasion of her land.
Ownership includes the right to dispose of property while the right of possession focuses on present control and exclusion of others. A lessee or life tenant may hold the right of possession without full ownership.
A person who initially holds property lawfully commits embezzlement by later converting it in violation of the owner's right of possession. The conversion occurs while possession remains lawful rather than through an initial trespassory taking.
A life estate measured by the tenant's own life continues after the grantor's death. The tenant or subtenant may enforce the right of possession against the grantor's heirs or successors.
…met or, alternatively, that a donor may not make a valid inter vivas gift of a chattel and retain a life estate with a complete right of possession. Following a seven-day nonjury trial, Special Term found that plaintiff had failed to establish any of the elements of an inter vivas gift and that in any event an attempt by a donor to…