6.1 .1 Types of Possession
- Corporeal – Over tangible things (e.g. land, car).
- Incorporeal – Over intangible rights (e.g. copyright, easement).
- Immediate – Direct possession by a person.
- Mediate – Indirect possession through another (e.g. servant).
- De Facto – Physical control.
- De Jure – Possession recognized by law (constructive possession).
Case Law:
Hannah v. Peel (1945)
- Plaintiff found a brooch in a house he occupied; the owner of the house never lived there.
- Court ruled in favor of the finder (plaintiff), applying the rule in Bridges v. Hawkesworth:
The finder of a lost item has rights over it, except against the true owner.
- Court rejected South Staffordshire Water Co. v. Sharman rule as owner had no control.
Maxim:
“Possession is nine-tenths of the law” – Possession gives strong legal support to a claim of ownership.
Definition:
Possession refers to the physical control exercised by a person over a thing. It is both a fact and a right recognized in law.
Types of Possession:
- Possession in Fact (De Facto) – Actual physical control.
- Possession in Law (De Jure) – Legal recognition of possession.
- Corporeal Possession – Over tangible objects (e.g., car, land).
- Incorporeal Possession – Over intangible rights (e.g., copyrights).
- Immediate Possession – Direct control.
- Mediate Possession – Through another (e.g., servant).
Elements of Possession:
- Corpus Possessionis (Physical) – Actual control or presence.
- Animus Possidendi (Mental) – Intention to possess and exclude others.
Both must coexist – (Salmond).
Important Definitions:
- Salmond: Continuing exercise of a claim to the exclusive use.
- Savigny: Intention + physical power to exclude others.
- Pollock: Apparent control and power to exclude.
- Henry Maine: Physical detention + intent to hold as one’s own.
Case Law:
Hannah v. Peel (1945) – Finder (not owner) had better claim; possession doesn’t always follow ownership.
Bridges v. Hawkesworth – Finder has title against all except true owner.
South Staffordshire Water Co. v. Sharman – Finder while under employment object belongs to employer.
Legal Consequences:
- Presumption of Ownership – Section 110, Indian Evidence Act.
- Adverse Possession – Long possession may ripen into ownership.
- Nemo Dat Rule – No one can transfer better title than he has; exceptions apply.
- Res Nullius – First possession of unowned property confers good title.
Two Legal Rights:
- Jus Possidendi – Right to possess.
- Jus Possessionis – Right to continue possession.
Key Maxims:
- “Possession is 9/10th of the law” – Highlights its evidentiary strength.
- “Nemo dat quod non habet” – No one gives what he doesn’t have.