Legal Word for Taking Possession

I have grasped or adopted, but I know there is a better word for it that I have already used in my translations. There can be different degrees of ownership. For example, if you leave a book that belongs to you in a coffee shop and the waiter picks it up, you have lost possession of it. If you come back to pick up the book even if the server has property, you have a better right of possession and the book should be returned. This example shows the distinction between ownership and possession: throughout the process, you did not lose ownership of the book, even if you eventually lost possession; Or rather, the book could have been in the possession of a third party (e.g., a lending library) despite the change in ownership. The Titans will take possession of the 35-yard line. It is possible to want to own something without knowing that it exists. For example, if you intend to own a suitcase, you intend to own its contents even if you don`t know what`s in it. It is important to distinguish between sufficient intent to possess something and intent to commit the crime of illegal possession of something such as prohibited drugs, firearms or stolen property.

[1] The intention to exclude others from the suitcase and its contents does not necessarily imply an intention to possess illegally. It is possible to come into possession of one thing without the consent of another. First, you could take possession of something that has never been owned before. This can happen if you catch a wild animal; Or create something new, like a loaf of bread. Second, you might find something that someone else has lost. Third, you could take something from someone else without their consent. Property acquired without consent is a property right protected by law. It leads to a right of possession enforceable against all, except those who have a better right of possession. There are different forms of transfer of ownership. The object may be physically handed over (for example, handing over a newspaper purchased at the newsstand), but it is not always necessary for the party to literally seize the object for ownership to be considered transferred. It is sufficient that the object is in the de facto control area (for example, leave a letter in the mailbox). Sometimes it is enough for a symbol of the object to cede de facto control (for example, handing over the keys to a car or house).

You can also choose to end possession by throwing a letter in the trash. Possession includes the ability to end possession. Possession is one of the most important concepts in property law. There are three related and overlapping, but not identical, legal concepts: possession, possession, and ownership. The town of Winterset took possession of the castle in 1947. In law, possession is the control that a person intentionally exercises over a thing. Like property, the possession of everything is usually regulated from one country to another by property law. In any case, to possess something, a person must intend to possess it. A person may be in possession of property (although possession does not always mean ownership). (n.1) any object, object, asset or property owned, inhabited, owned or controlled. (2) the act of possession, possession, holding or control of an object, object, asset or immovable.

« Implied possession » includes assets that are not immediately held, but can be possessed and preserved (e.g., a key to a storage room or locker). « Criminal possession » is the possession by a minor of property that is unlawfully possessed, such as controlled narcotics, stolen property or alcohol. The old adage « possession is nine-tenths of the law » is a rule of force, not the law, since property requires both the right to possession and actual or implied possession. I`m writing a text and I`m confused about a word I knew before. Repossession: repossession (something) if a buyer defaults. Possession requires both control and intent. It follows from the first moment that both conditions exist simultaneously. Usually, intent precedes control, such as when you see a coin on the bottom and stretch down to pick it up. Yet it is conceivable for a person to take control of something before intending to possess it. If he were unknowingly seated in the seat of a train and therefore in control of a $10 bill, he could take possession of it by taking cognizance of the ticket and intending to possess it. People may also intend to own things that have been left unknowingly in spaces they control.

In common law countries, possession itself is a property right. The owner of property has the right of possession and may assign this right in whole or in part to another person, who may then also assign the right of possession to a third party. For example, a residential property owner may transfer ownership to a property manager under a property management contract, who may then transfer ownership to a tenant under a lease. There is a rebuttable presumption that the owner of property also has the right of possession, and evidence to the contrary may be presented to determine who has the legal right of possession in order to determine who should actually have possession of it, which may include proof of ownership (without transfer of ownership) or proof of a right of possession without superior ownership. Possession of a thing long enough can become property by terminating the right of possession and property rights of the previous owner. Similarly, the passage of time may terminate the owner`s right to regain exclusive possession of property without losing ownership, as if a court were to grant an adverse easement of use. When people own places that are accessible to the public, it can be difficult to know if they intend to own everything in those places. In such circumstances, some people make it clear that they do not want things brought in by the public to be taken over. For example, it is not uncommon to see a sign above the cloakroom in a restaurant that denies any responsibility for items left there. Most owned property is acquired with the consent of another person who owns it. They may have been bought, given, rented or borrowed. The transfer of possession of the goods is called delivery.

For land, it is customary to speak of granting or repossession of possession. Confiscation, from the Latin confiscatio « link with the treasury, i.e. transfer to the Ministry of Finance » is a legal seizure by a government or other authority. The word is also commonly used by looting in legal forms or by any confiscation of property as punishment or to enforce the law. Cases such as this one from Missouri state that « possession is defined as the imprisonment and control, or manual or ideal custody, of anything that may be the object of property for its own use and enjoyment, either as owner or as the holder of a qualified right in it, and personally or by another exercising it in its place and on its behalf. » Possession may be acquired by a unilateral act by which control of the facts is established. This can take the form of arrest (removal of an object that is not in the possession of a person) or seizure (removal of an object in his possession). It can also be obtained through a bilateral process of transfer of ownership from one party to the other. The party handing over the property must intend to do so.

Foreclosure: Taking possession of mortgaged property because the mortgage holder has not maintained his mortgage payments. A temporary transfer of possession is called a deposit. Surety is often thought of as the separation of ownership and possession. For example, the library retains ownership of the book as long as you own it and has the right to take it back when your right is exhausted. A common transaction with a deposit is a conditional sale or hire purchase, where the seller leaves the buyer in possession of the item before it is paid. The buyer pays the purchase price in installments and when paid in full, ownership of the item passes from the seller to the buyer. The intention to possess (sometimes called animus possidendi) is the other component of possession. All it takes is the intention to own something for now. In common law countries, the intention to possess a thing is a fact.

Usually, it is proven by the acts of control and the circumstances that accompany it. Britannica.com: Encyclopedia articles on property. 3. The (legal) right to temporarily take possession of the owner, in particular until the creditors` claims have been satisfied or a court decision is enforced 4. (Law) International law on seizure or appropriation (enemy property) Googling « Seizure synonym » suggests (among other things): confiscation, taking possession, etc. I suspect you had « confiscated » in mind. (confiscated) No. 1) have property, usually used in wills as « I give all the property from which I die, seized as follows:…. (2) have taken possession of evidence for use in criminal proceedings. and (3) forcibly stole property or a person.

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