Legal Definitions - right of possession

The right of possession refers to the legal entitlement to control, use, occupy, and enjoy a specific property. This right includes the authority to physically enter the property and, if necessary, to legally remove anyone who is occupying it without permission.

Examples:

• Residential Tenant: Imagine Sarah signs a lease agreement to rent an apartment for a year, starting on July 1st. On that date, she receives the keys.

  Sarah now holds the right of possession. Even though she doesn't own the apartment, her lease grants her the legal authority to move in, live there, and use the property exclusively for the duration of her lease. If the previous tenant had refused to move out, Sarah could legally compel them to leave based on her superior right of possession.

• New Homeowner: After months of searching, Mark successfully purchases a house. The closing documents are signed, and the deed is transferred to his name.

  Upon the completion of the sale, Mark acquires the right of possession. This means he has the legal power to move into his new home, use the land, and exclude others. If, for instance, a squatter had taken up residence in the house before he moved in, Mark could use his right of possession to initiate legal proceedings to have them removed.

• Business Leasing Office Space: A startup company, 'InnovateTech,' signs a commercial lease for an office suite in a downtown building, with the lease commencing on January 1st.

  From January 1st, InnovateTech holds the right of possession for that specific office suite. This legal right allows them to set up their operations, control access to their workspace during business hours, and operate their business from that location. Should an unauthorized person or a former tenant attempt to occupy the space, InnovateTech could assert its right of possession to ensure its exclusive use of the property.