Ownership
and
Possession
Ownership
As per Salmond ownership can be described as the relation between a person and any said
object which forms the subject matter of this said ownership.
Ownership also consists of a complex web of many rights all of which are rights in rem, and
not merely rights against persons.
Kinds of Ownership
Ownership could be classified as follows:
1.Corporeal ownership.
2.Incorporeal ownership.
3.Sole ownership.
4.Co-ownership.
5.Legal ownership.
6.Equitable ownership.
7.Trust and beneficial ownership.
8.Vested ownership.
9.Contingent ownership.
10.Absolute ownership.
11.Limited ownership.
Possession
Salmond defines possession (in legal terms) as the continuous exercising of a
claim, to the exclusive use of an object or a thing constitutes possession of the
object.
In simpler words, if a person has apparent control of an object and apparent
power to exclude others from the use of the object, then we can say he has
possession.
Now it is a de facto relation between a man and an object. So a man can
possess a thing he doesn’t own. Say for example the possession of a property
that he has leased from someone (who will be the owner). And the opposite is
also true. One can own some object and not possess it
Kind of Possessions
Following are the important types of possession:
1.Corporeal possession.
2.Incorporeal Possession.
3.Mediate possession.
4.Immediate possession.
5.Constructive possession.
6.Adverse possession.
7.De facto possession.
8.De jure possession.
Ownership Possession
Ownership involves the absolute rights and legitimate claim to an object. It means to Possession is more the physical control of an object. The possessor has a better claim
own the object by the owner. to the title of the object than anyone, except the owner himself.
Ownership is the right of the owner against the world indefinite in point of the user,
As per the definitions, it is the continuous exercise of a claim to exclusively possess
unrestricted in point of disposition or destroying and unlimited in point of duration
over a thing and use the object/thing.
Ownership itself gives the owner the right to possession. However, it does not indicate the right to ownership.
The transfer of ownership is a technical and long process and involves conveyance Transfer of possession is fairly easier and less technical.
Ownership is essentially a bundle of rights, all rights in rem. It is not a right, just a prima facie evidence of ownership
•The owner has the absolute right to possession. It is immaterial if the owner in
actual possession of the object, as long as he has the right of possession.
•The owner has the liberty or the right to use and enjoy the benefits of the said
object. No one can interfere with his right to use the object he owns.
•Ownership also means that the owner has the right to exhaust the object while
using it.
•And he also has the right to destroy or alienate the object. This means he can
destroy or dispose of the object during his lifetime or via his will. This right is
sometimes restricted by law.
•Ownership is also for an indeterminate duration. Possession or the right to use is
for a limited period, but the ownership of an object is for an indeterminate period
of time.
•And finally, ownership is residuary in character. So for example, if the owner
leases the object, or gives it for use, etc. he still remains the owner.
