besittning

Besittning refers to the state of physical control or possession of a thing, regardless of who holds the legal title. In Swedish law, besittning is a factual situation: a person has the object in their possession and intends to treat it as their own, even if they are not the owner. It is distinct from ownership (äganderätt), which is the legal right to use, dispose of, and benefit from a property.

A key aspect of besittning is that it can exist independently of formal title. A person may possess movable property, a dwelling, or land through actual control and use. Possession can arise by taking hold of an item, occupying space, or maintaining control over the property in day-to-day activities. Possession can be transferred through delivery or handover, but it does not by itself convey ownership.

The law recognizes and regulates possession because it affects rights and remedies in conflicts over property. For example, possessors may have certain protections against arbitrary dispossession, and long-standing possession can lead to legal effects such as acquisition of ownership by prescription for certain types of property. Conversely, a rightful owner can reclaim possession if the possessor is not entitled to hold the item, subject to applicable rules and defenses such as besittningsskydd in specific contexts (notably in housing arrangements).

Overall, besittning focuses on actual control and practical use of property, forming an important basis for rights and remedies independent of ownership status.