Legal Definitions - actual assent

Actual change of possession refers to the physical and tangible transfer of an item or property from one person's control to another's. It means that the new owner not only acquires legal ownership but also takes physical custody and control of the item, making the transfer evident and real, rather than merely symbolic or existing only on paper. This concept is particularly important in situations involving creditors, as property that has undergone an actual change of possession generally cannot be claimed by the original owner's creditors.

• Example 1: Selling a Vintage Bicycle

  Imagine Liam sells his vintage bicycle to Chloe. An actual change of possession occurs when Liam hands the bicycle over to Chloe, and she physically takes it from his garage, rides it home, and stores it in her own shed. The bicycle is no longer physically located at Liam's property or under his control; it has been tangibly transferred to Chloe's custody.

• Example 2: Donating Office Equipment

  A small business, "Tech Solutions," decides to donate several old computers and printers to a local community center. An actual change of possession happens when the community center's staff arrives at Tech Solutions' office, loads the equipment onto their truck, and transports it to their facility. The equipment is no longer physically present at Tech Solutions' premises or under their operational control, demonstrating a clear and physical transfer to the community center.

• Example 3: Transferring Farm Equipment in a Sale

  When Farmer Brown sells his tractor to Farmer Green, an actual change of possession takes place when Farmer Green drives the tractor from Farmer Brown's field to his own farm and begins using it for his agricultural work. Even if the sale was agreed upon with a handshake and a signed document, the physical act of Farmer Green taking the tractor and moving it to his property, thereby exercising exclusive control, solidifies the actual change of possession.