Also known as: possess · possesses · possessed · possessing · possessions · possessio · possessorium · possessory · possidere · adverse possession · constructive possession
Written by attorneys · grounded in primary & secondary sources — see below
The fact of having or holding property in one's power or control.
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Piper Patel directed an innocent agent to enter Philip Powell's warehouse and remove crates of electronics without Powell's knowledge or permission. The agent delivered the crates to Patel who immediately sold them. Because the taking occurred without Powell's consent the possession element of larceny is satisfied and Patel faces criminal liability.
Pearl Porter executed a deed of trust on her commercial building to secure a loan from Platinum Partners. Porter continued to occupy and operate her business on the premises while making payments. The mortgage instrument left Porter in possession and granted her the right to redeem the property upon full repayment of the debt.
Parker Phillips sued Pinnacle Holdings for breach of contract and served initial disclosures listing categories of emails and invoices in his possession that supported his damages claim. Phillips described the location of the electronic files on his server and offered to produce copies. The disclosure satisfied the obligation to identify all tangible things in his possession custody or control that he might use at trial.
Penelope Price received settlement funds belonging to her client Priscilla Parks and deposited the money into a dedicated client trust account maintained at a local bank. Price kept detailed records of the account and did not commingle the funds with her own operating account. The separation ensured that Parks' property remained identifiable and safeguarded throughout the representation.
Pioneer Energy remained in the leased warehouse after its term expired and continued to store inventory without asserting any claim of superior title. The landlord demanded that Pioneer vacate but Pioneer refused to leave. The continued occupation created an estate at sufferance because Pioneer had originally possessed the premises under a valid conveyance that had terminated.
Paragon Construction and a landowner signed a five-year lease that failed to satisfy the statute of frauds. Paragon immediately took possession of the building and began paying monthly rent which the landowner accepted. Because possession was taken under the invalid lease a tenancy at will arose with all lease terms except duration.
Possession satisfies the act requirement when the defendant knowingly procured or received the item or maintained awareness of control long enough to end it. The element is met even if the defendant uses an innocent agent to acquire the property. Courts examine whether the defendant exercised dominion at the time of the alleged offense.
The mortgagor keeps possession of the real property and the equity of redemption until default and foreclosure. Title theories vary by jurisdiction but the mortgagor ordinarily remains in possession and may use the property while payments continue. Upon default the mortgagee may foreclose to satisfy the debt.
…proposed except the last which asked what had been done with the commissions; he did not know that they ever came to the possession of Mr. Madison nor that they were in the office when Mr. Madison took possession. He asked the opinion of the court whether he was obliged to disclose what had been done with the…
…Dictionary 478-479, 547 (24th ed. 1965). The situation therefore is inherently different from marital intimacy, or bedroom possession of obscene material, or marriage, or procreation, or education, with which Eisenstadt and Griswold, Stanley, Loving, Skinner , and Pierce and Meyer were respectively concerned. As we…
…Moreover his family and other friends are nearby, their presence lending moral support. In his own office, the investigator possesses all the advantages. The atmosphere suggests the invincibility of the forces of the law."[^maj-11] To highlight the isolation and unfamiliar surroundings, the manuals instruct the police to…
…Bank of the United States is unconstitutional and void. This opinion does not deprive the States of resources they originally possessed; it does not extend to a tax on the real property of the bank in common with other real property in the State, nor to a tax on the proprietary interest of citizens in the institution in…
…the State of New York. It is contended that the proceeding is one in personam in that the decree affects neither title to nor possession
A party must disclose without request a copy or description by category and location of all documents electronically stored information and tangible things in its possession custody or control that it may use to support its claims or defenses. The duty applies unless the material is used solely for impeachment. Failure to disclose can result in sanctions or exclusion at trial.
A lawyer must keep client or third-party property separate from the lawyer's own property and maintain it in a separate trust account. The lawyer must identify the property appropriately safeguard it and keep complete records for at least five years after the representation ends. When multiple parties claim an interest the lawyer holds the property separately until the dispute is resolved.
An estate at sufferance exists when a person who once held a possessory interest under a valid conveyance continues in possession after that interest ends without asserting superior title. The occupant becomes a tenant at sufferance and the landlord may bring an ejectment action. No new agreement is required for the estate to form.
Possession taken under a lease invalid under the statute of frauds creates a tenancy at will. If rent is also paid and accepted a periodic tenancy arises with all lease terms except duration. Substantial performance clearly referable to the lease terms may give the lease full effect.