Legal Definitions - nuda possessio

Nuda possessio refers to the simple physical control or holding of an item, without any corresponding legal right, title, or claim of ownership over that item. It signifies possession that is 'bare' or 'naked' of any underlying legal justification for ownership or a superior right to possess.

Here are some examples to illustrate this concept:

• Library Book: Imagine someone checks out a novel from a public library. They have physical possession of the book and can read it, but they do not own it. The library retains legal title, and the borrower has an obligation to return the book. Their possession is merely physical, without any ownership rights, illustrating nuda possessio.

• Valet Parking: A valet parking attendant takes the keys to a customer's car and parks it in a designated lot. The valet has physical control and possession of the vehicle for a temporary period. However, they have no ownership claim, no right to sell the car, or any other legal interest beyond the temporary act of parking it for the owner. This temporary, service-based physical control, devoid of ownership rights, is a clear instance of nuda possessio.

• Stolen Item: Someone steals a bicycle from a locked rack. The thief has physical possession of the bicycle and can ride it. However, they have absolutely no legal right or title to the bicycle. Their possession is entirely unlawful and does not confer any legitimate ownership or claim. This situation perfectly demonstrates nuda possessio, as it is possession completely stripped of any legal justification.