Possesion

Q) Difference between Ownership and Possession with Illustrations.
Ownership
According to Austin ownership means a right, which avails against everyone subject to the law
conferring the right to put things to users of an indefinite nature. It is right in rem which is available to
the owner against the world at large. It includes ownership over both corporeal and incorporeal things.
The former refers to physical objects and the latter refers to all claims. According to Hebert ownership
is a comprehensive right in rem. It is a bundle of four rights.
 Right to use a thing.
 Right, to exclude others from using the thing.
 Right to dispose of the thing.
 Right to destroy the thing.
Holland ownership is a plenary control over an object. Salmond the relation between a person and any
right that is vested and an object forming the subject matter of his ownership. Ownership denotes the
relation between a person and right that is vested in him. Nothing can be owned except the right over
a thing. In other words, a thing cannot be owned but a right over such thing can be owned. Therefore,
owning a right is called ownership:
1. Owner can use in many ways or indefinite in point of user.
2. Owner has right of transfer or unrestricted in point of disposition.
3. Ownership is permanent or unlimited in point of duration.
Possession
Possession means custody or control—the idea of ownership developed slowly with the growth of
civilization. According to Salmond possession establishes the relationship between men and material
things. It is a mere fact.
According to Pollock possession is physical control over a thing.
According to Savigny possession is the physical power of exclusion. Protection of possession is a

branch of protection to the person. Freedom of will is the ground for the protection of possession.
According to Ihering possession is a de facto exercise of a claim over a thing. According to Roman
law, possession is prima facie evidence of ownership. It supports the title of ownership. The possessor
of a thing is presumed to be the owner. Long enjoyment of a property creates ownership. This is
known as prescription. Possession is 9 points out of 10 in law. Hannah v. Peel, 1945
Elements of possession
Animus Possidendi:
Means the intention to possess a thing. It deals with subjective and mental intention to possess a thing.
It deals with subjective and mental elements. It denotes a strong desire to possess a thing. Here the
possessor must have a strong intention to possess a thing he must have an exclusive claim, Animus
Possidendi need not be a claim or right and need not be an own claim and it need not be specified.
Corpus Possessionis:
Corpus Possession means physical possession of a thing it deals with the objective element.
According to Savigny the actual physical control over a thing is called corpus possessionis. The
physical control gives to an assumption that others will not interfere with it. The possessor must
present personally and physically possess. The possession of a thing extends to accessories too.
Possession includes protection and security of things.
Acquisition of Possession By taking.
By delivery.
By operation of law.
4.COMPARISON BETWEEN OWNERSHIP AND POSSESSION
 According to Salmond, possession is in fact while ownership is in rights, making the

distinction between the two clears. The assurance of the law is ownership, and the guarantee
of the realities is possession. Ownership may not always include possession, but possession
always includes ownership.
 For instance, a tenant merely has access to a home; they are not the true owners. The landlord,
on the other hand, has the legal right to ownership and indirect possession of the property. In
essence, ownership is a collection of rights, all of which are real. Possession is not proof of
ownership; it is merely prima facie evidence.
 According to Ihering, Possession is a de-facto exercise of the claim and ownership is the de-
jure recognition of the claim.
 According to Dr. Asthana, Ownership is the soul and possession are the body and the
existence of the body is necessary for the realization of the soul.
 When someone has possession of something, he or she has an exclusive right on it and can
prevent others from exercising the same or similar rights on it. However, since ownership is
absolute and unconditional as opposed to possession, which is conditional, these rights may
be exercised by a person if he is the owner of that property, and the possessor does not own
the property.
 In addition to possessory rights, like the ability to use the property, ownership also confers
proprietary rights, such the ability to sell or transfer the property to another party. Therefore,
possession only confers possessory rights and not proprietary rights. Because of this, it is
harder to transfer something when it is owned than when it is only in your possession.
 It is not totally accurate to say that ownership is tied to law while possession is related to fact.
Possession includes some rights that belong to the person who oversees the thing, but they are
not the same as ownership.
 Salmond reduced possession to the proposition that it lacks any legal security, which is untrue
in some circumstances, such as when the "finder keeper" theory is used.
 Although ownership and possession can coexist, they are not mutually exclusive. They
overlap in multiple places, and one is only a subset of the other. Both notions pertain to the
purchase of property and are recognized under the law to confer specific rights and
obligations.

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Q) Difference between Ownership and Possession with Illustrations.

 Right to use a thing.

 Right, to exclude others from using the thing.

 Right to dispose of the thing.

 Right to destroy the thing.

1. Owner can use in many ways or indefinite in point of user.

2. Owner has right of transfer or unrestricted in point of disposition.

3. Ownership is permanent or unlimited in point of duration.

According to Pollock possession is physical control over a thing.

According to Savigny possession is the physical power of exclusion. Protection of possession is a

Acquisition of Possession By taking.

4.COMPARISON BETWEEN OWNERSHIP AND POSSESSION

 According to Salmond, possession is in fact while ownership is in rights, making the

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