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Home/ Questions/Q 3539
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Jemshah
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JemshahEnlightened
Asked: January 20, 20232023-01-20T05:07:02+00:00 2023-01-20T05:07:02+00:00In: BUSINESS LAW

In relation to the law of property: (ii) outline two characteristics that distinguish possession from ownership. (4 marks)November 2022

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In relation to the law of property:
(ii) outline two characteristics that distinguish possession from ownership.
(4 marks)November 2022

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    Jemshah Enlightened
    2023-01-20T05:08:13+00:00Added an answer on January 20, 2023 at 5:08 am
    1. Control: Possession refers to the physical control or occupation of property, while ownership refers to the legal right to control and dispose of property. A person may be in possession of property without being the owner, such as a tenant in a rental property.
    2. Duration: Possession is generally temporary, while ownership is generally considered to be permanent. Possession may be lost through abandonment, eviction, or by the owner reclaiming the property. Ownership, on the other hand, may only be transferred through specific legal means such as sale, gift, or inheritance.
    3. Claim of right: Possession is the physical control of property without any legal right to it, while ownership is the legal right to control and dispose of property that comes with the right to exclude others from it.
    4. Right to exclude: Ownership carries the right to exclude others from the property, while possession does not necessarily carry that right.
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