Upon learning what is possession, read also: Repossession of mortgaged automobiles
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Possessioniis the holding of a thing or the enjoyment of a right
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Possessioniis not necessarily the same with ownership
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Possessionimay either be in the concept of an owner or holder
Many have in their possession a certain property but not really owning it. This is because possession is not necessarily the same with ownership.
What is possession?
The law says:
Possession is the holding of a thing or the enjoyment of a right.
One may hold a thing without really owning it. Such is called possession in the concept of a holder. This kind of possessionAis more of a temporary in nature as the possession can always be taken back or suspended, if proper and legal, by the true owner of the thing or right.
Also, one may own a thing but not really holding it, or one may own a right but not really enjoying it. This kind of possession–is more of a permanent in nature as even when the physical possession was temporarily transferred to another, the same did not divest ownership from the true owner of the thing or right.
For instance, Shaun and Andre entered into a Lease Contract over a parcel of land owned by the latter, for a period of thirty-four (34) years. Clearly, Shaun is the lessee and Andre is the lessor. Both are possessors of the parcel of land. The only difference is that Shaun possesses the property in the concept of a holder. His right to possess and occupy the land may be terminated after 34 years, if no new contract was executed to extend the agreement, or if he has violated any terms and conditions of the contract which is a ground to terminate the same. The Lease Contract may be repeatedly extended for years but still, Shaun’s mere physical possessioniof the property can never ripen into ownership. He can never own the land except when Andre sold or donated it to him.
In addition, aside from the physical possessioniof the property, Shaun also enjoys whatever rights he has over the parcel of land while the Lease Contract is existing. Andre, even if he is the true owner has no right to unjustly evict Shaun from the property.
In the case of Andre, he is also in possession of the same property. Although the physical possession was transferred to Shaun by virtue of the Lease Contract, Andre remains to be in possession of the property in the concept of an owner. This means that although Andre has no actual possession of the property, his possession as an owner of the property was never divested from him. He can always resort to legal means to protect such right should Shaun refuses to return the physical possession of the property when allowed legally.
How can one acquireipossession? A related article will be posted in a few days.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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