bezitters

Bezitter is a term used in Dutch and some civil-law contexts to describe a person who has possession of a thing, regardless of whether they are the legal owner. Possession (bezit) is a factual situation of control or physical holding; ownership (eigendom) is a legal right to use, enjoy, and dispose of the thing. A bezitter may hold the item under a rental, loan, bailment, or other arrangement, or simply because they have taken control of it. The owner remains the owner, but the bezitter can exercise possession rights and is protected against unlawful interference by others. The law often recognizes a distinction between possession in good faith and possession in bad faith, and it may grant remedies to restore possession or compensate for wrongful dispossession.

Rights and duties of the bezitter typically include maintaining or caring for the object while in possession, using it in a manner consistent with the agreement or with the nature of the object, and returning it when the arrangement ends. If possession is wrongful, the owner or rightful holder may reclaim the object. In some jurisdictions, long-term possession can lead to acquisitive prescription, which can result in ownership becoming vested in the possessor after a specified period, subject to conditions.

Common examples include a tenant who rents an apartment (the tenant is the bezitter of the premises for the duration of the lease), a borrower who uses a tool, or a storage company that holds goods on behalf of a client. See also bezit, eigendom, verjaring, and bailment concepts.