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Simple English definitions for legal terms
effective possession
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A quick definition of effective possession:
Effective possession is when someone has control over something and exercises their right to use it exclusively. It can be physical, like holding onto an object, or non-physical, like having an easement over someone else's land. There are different types of possession, like actual possession where someone physically occupies or controls property, or constructive possession where someone has control over property without physically possessing it. Possession can also be peaceful or hostile, and can sometimes lead to legal disputes.A more thorough explanation:
Effective possession is the exercise of control or dominion over property, even if the person does not physically possess it. It is also known as constructive possession. For example, if a person has a key to a storage unit, they have effective possession of the contents inside, even if they are not physically present.
Another example of effective possession is when a person holds title to a property and physically possesses part of it, the law will deem the possessor to hold constructive possession of the rest of the property described in the title.
Effective possession is important in legal cases involving property ownership and control. It can be used as evidence of ownership and can give rise to claims of unlawful possession or ownership by acquisitive prescription.