Legal Definitions - legal possessor

A legal possessor is an individual or entity who has physical control over an item or property and also has a lawful right to maintain that control. This right is recognized and protected by law, even if the legal possessor is not the ultimate owner of the item. It signifies that their control is not merely factual but also legitimate and authorized, often established through an agreement, a grant of permission, or a legal entitlement.

Here are some examples illustrating the concept of a legal possessor:

• Example 1: A Tenant in an Apartment

  When a person signs a lease agreement to rent an apartment, they become the legal possessor of that apartment for the duration of the lease term. They have physical control over the premises and the legal right, granted by the landlord through the lease contract, to occupy and use it. Even though the landlord retains ownership of the property, the tenant's possession is lawful and protected by tenancy laws, meaning they cannot be removed without due process.

• Example 2: A Customer Renting a Car

  A customer who rents a car from a rental agency becomes the legal possessor of that vehicle for the agreed-upon rental period. They have physical custody of the car and the rental agreement provides them with the legal right to drive and use it, subject to the terms and conditions. While the rental company remains the owner, the customer's possession is legitimate and authorized by a contract, distinguishing it from someone who might take the car without permission.

• Example 3: A Dry Cleaner with Customer Clothes

  When you drop off your clothes at a dry cleaner for cleaning, the dry cleaner becomes the legal possessor of your garments. They have physical control over your clothes and a legal right to hold them for the purpose of performing the agreed-upon service. This legal possession allows them to work on the items and, in some jurisdictions, to retain them until payment for services is made, even though you remain the owner of the clothes.