actual possession

actual possession
Substantial possession, possession in fact, sometimes referred to as by the foot or pedis possession. The term is also used by some authorities in referring to the possession of one part of a larger tract by possession in fact of the other part, where the occupant claims the whole as of right and there is substantial evidence of the boundaries of the entire larger tract, although other authorities refer to this type of possession by actual occupancy of another part as constructive possession. 42 Am J1st Prop § 42. Actual possession is an essential of adverse possession. As such it means possession in fact, effected by actual entry upon the premises, and actual occupancy such as to indicate his exclusive ownership. 3 Am J2d Adv P § 13.

Ballentine's law dictionary. . 1998.

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Look at other dictionaries:

  • actual possession — see possession Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. actual possession …   Law dictionary

  • actual possession — noun (law) immediate and direct physical control over property • Topics: ↑law, ↑jurisprudence • Hypernyms: ↑possession, ↑ownership …   Useful english dictionary

  • possession — pos·ses·sion /pə ze shən/ n 1: the act, fact, or condition of having control of something: as a: actual possession in this entry b: constructive possession in …   Law dictionary

  • possession in fact — Actual possession, sometimes called possession in deed,–an actual and continuous occupancy or exercise of full dominion. This may be either, first, an occupancy in fact of the whole that is in possession, which is ordinarily called pedis… …   Ballentine's law dictionary

  • actual — ac·tu·al adj: existing in fact or reality compare constructive ac·tual·ly adv Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • possession — Having control over a thing with the intent to have and to exercise such control. Oswald v. Weigel, 219 Kan. 616, 549 P.2d 568, 569. The detention and control, or the manual or ideal custody, of anything which may be the subject of property, for… …   Black's law dictionary

  • actual — Real; substantial; existing presently in fact; having a valid objective existence as opposed to that which is merely theoretical or possible. Opposed to potential, possible, virtual, theoretical, hypothetical, or nominal. Something real, in… …   Black's law dictionary

  • actual — Real; substantial; existing presently in fact; having a valid objective existence as opposed to that which is merely theoretical or possible. Opposed to potential, possible, virtual, theoretical, hypothetical, or nominal. Something real, in… …   Black's law dictionary

  • possession of liquor-making materials — As a criminal offense, an actual possession with control of the goods and an intent to violate the law. 30 Am J Rev ed Intox L § 59 …   Ballentine's law dictionary

  • actual occupation — Making use of, or living upon, premises either personally or through a tenant. Cox v Richerson, 186 Miss 576, 191 So 99, 124 ALR 1138. See actual possession …   Ballentine's law dictionary

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