Legal Definitions - mediate possession

Mediate possession describes a legal situation where a person has a right to or control over property, but another individual or entity is physically holding or occupying that property on their behalf or under their authority. The person with mediate possession does not have direct physical control, but they retain the legal right to direct or reclaim the item. The party with direct physical control is said to have immediate possession.

• Example 1: Landlord and Tenant

  Imagine a landlord who owns an apartment building and rents out individual units to various tenants. The tenants live in and physically control their respective apartments.

  In this scenario, the landlord has mediate possession of each apartment unit. While the tenants have immediate possession by physically occupying and controlling their living spaces, they do so under a lease agreement that acknowledges the landlord's ultimate ownership and legal right to the property. The landlord retains the ability to collect rent, enforce lease terms, and eventually reclaim possession, even though they are not physically present in the units.

• Example 2: Owner and Storage Facility

  Consider someone who stores their household belongings in a rented unit at a commercial storage facility while they are moving or traveling abroad.

  The individual who owns the belongings has mediate possession of their items. The storage facility, while controlling access to the building and the unit itself, holds the items on behalf of the owner. The owner retains the legal right to their property, can direct its removal, and can access it according to the facility's rules, even though they do not have constant physical control over the items themselves.

• Example 3: Employer and Company Equipment

  A construction company provides its employees with specialized tools and machinery, such as excavators and drills, to use on job sites.

  The construction company maintains mediate possession of these tools and machinery. While the employees have immediate possession by physically operating and controlling the equipment during work hours, they do so as agents of the company and for the company's business purposes. The company retains ownership, dictates how the equipment is used, and can recall it at any time, demonstrating its ongoing legal control despite not having direct physical custody.