Ownershippossession

Ownershippossession is a term that encompasses two related but distinct concepts governing property: ownership and possession. Ownership refers to the legal title and the bundle of rights a person or entity has in relation to a thing, including use, exclusion, disposition, and transfer. Possession, by contrast, is the actual physical control or occupancy of the object, which can occur with or without ownership. A person may possess property without owning it, and a owner may not always have direct physical control.

Ownership rights typically form the core of property law. An owner can usually use the property, derive benefits from it, exclude others from it, and transfer or bequeath it, all subject to statutory and contractual limits such as zoning, liens, or easements. Ownership can be shared (co-ownership) or held in trust, and it may be restricted by public rights or duties to maintain the property in a certain condition.

Possession concerns the factual relationship to the thing and often carries its own protections. A possessor has a right to retain control against interference by others, subject to superior claims by owners or those with better title. Possession can be acquired through occupation, delivery, or lawful custodianship, and in some legal systems may ripen into ownership after a period of uninterrupted possession (adverse possession) under prescribed conditions.

Transfer and creation of rights follow different paths. Ownership passes through conveyance, inheritance, or accession, while possession transfers through delivery, bailment, or tenancy. The two concepts interact in many contexts—for example, a finder may acquire possessory rights while the owner retains title, or a bailee may possess property owned by another.

In civil law, dominium denotes ownership, while possessio denotes possession as a distinct legal fact; in common law, possession and ownership are closely linked but can diverge in practice.