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Simple English definitions for legal terms
possessio pedis
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A quick definition of possessio pedis:
Possessio pedis is a Latin term that refers to the actual possession of real property, which means either actual occupancy or enclosure or use. It is also known as substantial possession or foothold. This type of possession exists when the holder intends to control the thing they possess. It can be compared to natural possession, which is the simple holding of a thing, often under a contract, with no intent of keeping it permanently.
A more thorough explanation:
Definition: Possessio pedis is a Latin term that refers to a foothold or actual possession of real property, implying either actual occupancy or enclosure or use. It is a type of possession that indicates the de facto control of a thing that the holder intends to control.
Example: A person who has built a fence around a piece of land and is using it for farming has possessio pedis over that land. They have a foothold on the property and are using it for their own purposes, indicating their intent to control it.
This example illustrates how possessio pedis is a type of possession that involves actual occupancy or use of a property, indicating the holder's intent to control it. It is an important concept in property law, as it can determine who has the right to use and control a piece of land or other property.