ABSTRACT

Possession is a usual incident of property ownership. Many individuals who hold a proprietary interest in an object also possess that object, and in many cases this is because the proprietary interest was acquired for the purpose of using, occupying or controlling the object to which it relates. Nevertheless, possession is not a definitive characteristic of a proprietary interest, and a person might have possession of an object without actually owning it. For example, if Ben purchases an investment property and leases it out to Ralph, Ralph acquires a leasehold interest in, and possession of, the property, and Ben retains ownership without possession of the property. Hence possession does not identify ownership and, indeed, may exist without it.