Possession & Ownership
Exam Snapshot
Possession and ownership are distinct property law concepts. Key takeaway: Possession is factual (corpus + animus), ownership is legal (bundle of rights). Expect questions on these definitions and Salmond's views.
Core Concept
- Possession: Physical control with the intent to exclude others (Animus Possidendi).
- Ownership: The ultimate legal right to property, including the right to transfer, enjoy, and destroy.
Nepal Law Anchors
- Muluki Civil Code, 2074: Distinguishes property rights through provisions on transfer (ownership) versus holding/enjoyment (possession). Adverse possession provisions acknowledge long-term possession claims.
Confusable Terms
- Possession vs. Custody: Possession requires intent to exclude; custody is mere holding without that intent.
- Possession vs. Ownership: One can possess what one does not own (tenant) and own what one does not possess (landlord).
MCQ Traps
- Assuming ownership automatically implies possession.
- Failing to identify "Animus Possidendi" (intent to exclude) as a necessary element of possession.
Example
If you borrow a friend's book, you have possession (control + intent), but your friend retains ownership.
Memory Hook
Possession = Physical + Purpose. Ownership = Overarching Right.
Quick Revision
- Possession: Corpus (physical) + Animus (intent).
- Ownership: Bundle of rights (use, alienate, destroy).
- Custody: Holding without intent.
- Relationship: Distinct, can overlap, but not identical.