ACTUAL AND CONSTRUCTIVE POSSESSION

State:
Multi-State
Control #:
US-JURY-6THCIR-CR-2-10
Format:
Word
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Description

ACTUAL AND CONSTRUCTIVE POSSESSION Actual possession is the physical control of an item or property that is exercised by an individual or entity. It is the direct, immediate, physical control of the property by a person who claims it. Examples of actual possession include physically holding an item, such as a book, or having an object in one’s home or office. Constructive possession is the legal concept of an individual or entity having ownership or control over an item or property even if he or she is not physically in possession of it. Constructive possession is based on the idea that a person can claim ownership over something he or she does not have in his or her physical possession. Examples of constructive possession include having legal title to an item or property, such as a deed to a house, or having a contract outlining the terms and conditions of ownership. There are two types of constructive possession: implied possession and joint possession. Implied possession applies when an individual has the legal right to control an item but does not actually have physical possession of it, such as when a person rents a car. Joint possession applies when two or more individuals have the legal right to control an item or property, such as when two people own a car jointly.

Actual possession is the physical control of an item or property that is exercised by an individual or entity. It is the direct, immediate, physical control of the property by a person who claims it. Examples of actual possession include physically holding an item, such as a book, or having an object in one’s home or office. Constructive possession is the legal concept of an individual or entity having ownership or control over an item or property even if he or she is not physically in possession of it. Constructive possession is based on the idea that a person can claim ownership over something he or she does not have in his or her physical possession. Examples of constructive possession include having legal title to an item or property, such as a deed to a house, or having a contract outlining the terms and conditions of ownership. There are two types of constructive possession: implied possession and joint possession. Implied possession applies when an individual has the legal right to control an item but does not actually have physical possession of it, such as when a person rents a car. Joint possession applies when two or more individuals have the legal right to control an item or property, such as when two people own a car jointly.

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ACTUAL AND CONSTRUCTIVE POSSESSION