Legal Dictionary
Main Entry:
pos·ses·sionPronunciation:
p&-'ze-sh&nFunction:
noun 1 : the act, fact, or condition of having control of something: as
a : ACTUAL POSSESSION in this entry
b : CONSTRUCTIVE POSSESSION in this entry
c : knowing dominion and control over a controlled substance or other contraband
d in the civil law of Louisiana : the detention or enjoyment of a corporeal thing
e : control or occupancy of property
actual possession 1 : direct occupancy, use, or control of real property
actual possession of the land despite a lack of legal title>
2 : direct physical custody, care, or control of property or contraband (as illegal drugs) <actual possession is not necessary to sustain a conviction —State v. Garrison, 896 South Western Reporter, Second Series 689 (1995)>
adverse possession
: actual possession of another's real property that is open, hostile, exclusive, continuous, adverse to the claim of the owner, often under a claim of right or color of title, and that may give rise to title in the possessor if carried out for a specified statutory period (as ten years); also : the method of acquiring title by such possession —see also HOSTILE POSSESSION and, NOTORIOUS POSSESSION in this entry —compare PRESCRIPTION
civil possession
in the civil law of Louisiana : possession that exists by virtue of an intent to be the owner of a property even though one no longer occupies or has physical control of it
constructive possession
1 : possession that exists by virtue of a right (as by title) rather than direct occupancy or control
2 : the knowing ability and sometimes intent to exercise dominion and control over something (as illegal drugs) either directly or through others
hostile possession
: possession (as in adverse possession) that is antagonistic to the claims of all others (as a record owner) and that is carried out with the intention to possess the property exclusively
notorious possession
: possession (as in adverse possession) that is so conspicuous that it is generally known by people in the vicinity of the property and so gives rise to a presumption that the owner has notice of it
precarious possession
in the civil law of Louisiana : possession of property that is exercised by another (as a lessee) with the permission of or on behalf of the owner —see also acquisitive prescription at PRESCRIPTION
2 : something controlled, occupied, or owned possessions>
[puh-zesh-uh
n] 
