In property law, possession does not equate to ownership. The legal system distinguishes between ownership (the legal right to control and transfer property) and possession (the physical control or occupancy of the property). Ownership is established through recognized legal actions such as purchase, inheritance, or a legal transfer of title, and these actions are typically recorded in public records, like land registries. This is why possession alone doesn’t automatically grant ownership someone may be occupying a property without being its rightful owner.
Possession may even be unlawful in some cases. For example, adverse possession allows a person who has continuously occupied land for a certain period, without the permission of the owner, to potentially gain ownership, provided they meet specific legal criteria. This illustrates why clear documentation such as property titles or deeds is essential to establish and protect ownership, preventing disputes.
In summary, while possession refers to the physical presence or control of property, ownership involves legal rights that must be clearly established and documented. This distinction is crucial for maintaining an orderly property system, especially in real estate transactions and the transfer of property after death.
Best regards,
Digby K.
BA, MBA | Founder, Globally Published Author, Business Mentor, Coach, Top Mentor™, World-Class Global Entrepreneur
