Also known as: rights of possession · right to possession · possessory right
Written by attorneys · grounded in primary & secondary sources — see below
A legal entitlement to hold, use, occupy, or enjoy property. The right distinguishes present possessory authority from ownership or postponed future interests and determines who may exclude others or recover possession through legal process.
Radiance Media leased warehouse space to Rocky Mountain Mining for five years. The lease transferred the right of possession to Rocky Mountain Mining, allowing it to occupy and control the premises while Radiance Media retained only a reversion. When a dispute arose over access, the court recognized Rocky Mountain Mining's superior right of possession under the lease terms.
Reliance Insurance held a mortgage on an office building owned by Redline Automotive. After default, Reliance asserted its right of possession to rents under the mortgage. Redline Automotive continued collecting rents from tenants, prompting Reliance to seek appointment of a receiver to protect its security interest.
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Ravi Reddy devised his ranch to his spouse Rebecca Ross for life, remainder to their daughter Rhea Reynolds. Rebecca Ross currently holds the right of possession and may use the property. Rhea Reynolds holds only a future interest that will ripen into possession upon Rebecca Ross's death.
Raymond Ramos, a warehouse manager, lawfully received electronics shipments but later diverted them for personal sale. Because Ramos held a superior right of possession at the time of the taking, prosecutors charged embezzlement rather than larceny. The distinction turned on whether the initial acquisition was trespassory.
Raphael Rivera discovered a valuable watch inside a hotel room he had rented. The court awarded the right of possession to the hotel owner rather than to Rivera because the item had been intentionally placed and forgotten. The hotel's superior right of possession prevailed over the finder's claim.
A father transferred a painting to his son but retained a life estate that preserved his own right of possession until death. The son received a future interest that became possessory only after the father's death. The court upheld the gift while confirming the father's continuing right of possession during his lifetime.
The right of possession grants immediate authority to hold and control property, while ownership may include future interests that lack current possession. A life tenant holds the right of possession during the measuring life even though a remainderman owns the fee. The distinction determines who may exclude others and collect rents or profits.
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Under lien theory the mortgagee obtains no right of possession until foreclosure is complete. Title theory states permit the mortgagee to take possession upon default. The mortgage document's silence on possession rights forces courts to apply the jurisdiction's background mortgage theory to resolve the dispute.
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Larceny requires a trespassory taking from someone who holds a superior right of possession at the moment of acquisition. Embezzlement occurs when the defendant already holds lawful possession and later converts the property. The timing of when the right of possession is violated determines which offense applies.
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The owner of the premises where the item was found holds the right of possession against all but the true owner. A finder or temporary occupant has no superior claim because the item was intentionally placed rather than lost. This rule protects the locus owner's control over the property.
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…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…