Legal Definitions - act of possession

Act of Possession

An act of possession refers to any physical action or behavior that clearly demonstrates someone's intent to control and claim ownership over a specific piece of property, whether it's a physical object or land. It involves treating the property as if it belongs to you, openly and without necessarily having formal legal title. This concept is particularly important in legal contexts where ownership is being established or disputed, such as in claims of adverse possession.

• Example 1: Claiming a Vacant Lot
  A homeowner notices an overgrown, vacant lot adjacent to their property that has been neglected for years. They begin regularly mowing the lawn, planting a small vegetable garden, and eventually install a low fence around the perimeter of the lot, treating it as an extension of their own yard.
  Explanation: The actions of mowing, planting, and fencing are all physical acts of possession. They demonstrate the homeowner's intent to exercise control over the land and claim it as their own, even though they do not hold the legal deed. These actions could contribute to a future claim of adverse possession.
• Example 2: Taking Abandoned Personal Property
  While walking through an alley, someone discovers an old, but functional, wooden chest that appears to have been discarded. They pick it up, carry it home, clean it, and begin using it to store blankets in their living room.
  Explanation: Physically taking the chest, transporting it, and then incorporating it into their home for personal use are all acts of possession. These actions clearly show the individual's intent to claim ownership and exercise control over the previously abandoned item.
• Example 3: Using a Neighbor's Unused Land
  A rancher, whose property borders a large, unfenced tract of land owned by an absentee landlord, regularly allows their cattle to graze on a specific portion of the neighbor's land, building a temporary watering trough there and occasionally mending a broken section of the old boundary fence. This has been happening for several years without objection.
  Explanation: Allowing cattle to graze, setting up a watering trough, and maintaining the fence on the neighbor's land are all physical acts of possession. The rancher is treating that portion of the land as if it were their own pasture, demonstrating an intent to control and claim it, which could be a factor in a claim of adverse possession.