Physical and legal possession: legal possession requires intention plus sufficient occupation to exclude strangers and may be constructive. The text defines physical possession as actual de facto control or occupation evidenced by outward acts, and legal possession as the law recognized right combining an intention to possess with sufficient occupation or control to exclude strangers. It explains constructive possession as a legal right to possess that may exist without manual control, where the rightful possessor retains remedies or recognition despite absence of de facto possession.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Physical and legal possession: legal possession requires intention plus sufficient occupation to exclude strangers and may be constructive.
The text defines physical possession as actual de facto control or occupation evidenced by outward acts, and legal possession as the law recognized right combining an intention to possess with sufficient occupation or control to exclude strangers. It explains constructive possession as a legal right to possess that may exist without manual control, where the rightful possessor retains remedies or recognition despite absence of de facto possession.
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