bezit

Bezit is a legal term used in Dutch law to describe possession, the factual control over a thing, independent from ownership. It denotes a real relation between a person and a specific object and concerns who actually holds or exercises control over it at a given moment.

Bezit is distinct from eigendom (ownership). Eigentendom is the right to dispose of a thing and to enjoy its benefits, while bezit is a practical state of having the thing under one’s control. A person can possess without owning, or own without possessing in the sense of immediate control.

The elements of bezit are physical control of the object and the intention to possess it as one’s own (animus detinendi). Possession can be acquired by taking control or by lawful transfer from someone who already possesses the object. It can be held in good faith (bezit te goeder trouw), where the possessor believes they have a right to possess, or in bad faith (bezit te kwade trouw), where the possessor knows they lack such a right.

The Dutch civil code provides protection of possession against disturbances. A possessor can seek restoration of possession, redress for disturbances, and, in appropriate cases, relief through court action. The extent of protection may vary with circumstances and the nature of the object.

Prescription and other legal effects may relate to bezit over time. In some situations, long-term possession can contribute to acquiring ownership or other rights through prescription (verjaring) or similar mechanisms, though the exact periods and rules depend on the type of property and facts involved. Bezet does not by itself prove ownership, but it can influence legal rights and remedies related to use, protection, and transfer.