Also known as: legal possessors · possessor
Written by attorneys · grounded in primary & secondary sources — see below
A person who holds the legal right to possess property. This right supports claims for trespass and other protections even when the person does not hold legal title.
Leo Lynch held a conditional sales contract for a warehouse lot. Lucas Lee intentionally crossed the boundary to store equipment overnight. Leo sued for trespass. The court held Lucas liable to Leo as the legal possessor even though Leo lacked full title.
Lillian Locke held a conditional purchase agreement for rural acreage. Lone Peak Energy held an easement across the parcel for pipeline access. When the company widened the path without permission, Lillian sued as legal possessor. The court enforced her right to prevent interference with authorized uses.
Select any source to read its text and confirm it supports the definition.
Latoya Lane received keys and access codes to a storage unit under a lease-purchase deal. She knew banned chemicals remained inside for weeks but took no steps to remove them. Prosecutors charged her with possession. The court found her legal possessor status satisfied the awareness-of-control element.
Lorenzo Lugo held a lease with an option to purchase a commercial building. Levi Lowe entered believing he had an old right of way. The entry occurred after the right had lapsed. The court imposed trespass liability to Lorenzo as legal possessor despite Levi's reasonable mistake.
Lakeshore Industries leased a fenced yard under a long-term possessory contract. An intruder attempted to remove equipment by force. The company used reasonable non-deadly force to resist. The court upheld the action because the company acted as legal possessor protecting its interest.
Linden Logistics held a conditional title contract for a loading dock. It granted a contractor temporary access that it later revoked in writing. The contractor continued entering after notice. The court found the contractor liable for trespass to Linden as legal possessor once consent ended.
A buyer under a conditional sales contract or a lessee with control rights qualifies. The legal possessor may recover for intentional entries even without full title. This status triggers liability rules under the Restatement provisions on trespass.
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No. The legal right to possess supports the claim. A conditional buyer or long-term lessee may sue even when another party holds bare title. Courts focus on the possessory interest rather than record ownership.
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Consent is limited to its stated scope, time, and purpose. Once revoked or expired, further entry becomes unprivileged. Courts treat the possessor's stated limits as controlling even if the entrant claims a broader understanding.
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Yes. Awareness of control over an item for a sufficient period satisfies the actus reus element. A person with keys and access who knows of banned materials may face liability even without ownership.
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…a certain corporal possession, and then qualifies that possession to include instruments, provided the instruments are in the possessor's power and the animal is so enclosed that it cannot get out. This qualification embraces Barbeyrac's objection to Puffendorf's definition, and allows as great a latitude to acquiring…