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Concept
Possession (law)
Summary
In law, possession is the control a person intentionally exercises toward a thing. Like ownership, the possession of anything is commonly regulated by country under property law. In all cases, to possess something, a person must have an intention to possess it. A person may be in possession of some property (although possession does not always imply ownership).
An intention to possess (sometimes called animus possidendi) is the other component of possession. All that is required is an intention to possess something for the time being. In common law countries, the intention to possess a thing is a fact. Normally, it is proved by the acts of control and surrounding circumstances.
It is possible to intend to possess something without knowing that it exists. For example, someone who intends to possess a suitcase also intends to possess its contents even if they are unknown. It is important to distinguish between the intention sufficient to obtain possession of a thing and the intention required to commit the crime of possessing something illegally, such as banned drugs, firearms or stolen goods. The intention to exclude others from the suitcase and its contents does not necessarily amount to the guilty mind of intending to possess illegally.
When people possess places to which the public has access, it may be difficult to know whether they intend to possess everything within those places. In such circumstances, some people make it clear that they do not want possession of the things brought there by the public. For example, it is not uncommon to see a sign above the coat rack in a restaurant that disclaims responsibility for items left there.
Possession is one of the most important concepts in property law. There are three related and overlapping but not identical legal concepts: possession, right of possession and ownership.
In common law countries, possession is itself a property right. The owner of a property has the right of possession and may assign that right wholly or partially to another who may then also assign the right of possession to a third party.
Official source
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