omistuse

Omistuse is the state of actual control or use of property, irrespective of the legal ownership. It covers the physical holding, use, and enjoyment of movable and immovable property, along with the benefits that come from its possession. The possessor may be the owner or another person who has the right to use the property, such as a tenant, borrower, or caretaker. Possession can be lawful (with permission or under a legal right) or unlawful (without the owner’s permission).

It is distinct from ownership (omand): ownership refers to legal title and long-term rights to dispose of the property, while possession concerns current control and use. A possessor does not automatically hold title, and an owner may recover possession through lawful means. In some jurisdictions, long-standing possession can lead to ownership through prescription or other rules, but the specifics vary by system.

Acquiring and losing possession typically occur through taking control, agreement, transfer, or abandonment, and it ends when control is relinquished or transferred to another person or the owner regains control. Possession is generally protected by law against unlawful disturbance, with the possessor able to seek remedies to defend or restore possession.

Limitations and duties include respecting the rights of others and complying with applicable laws and contractual arrangements (such as leases, mortgages, or liens). Possession must also avoid handling stolen goods or contraband, and it may entail obligations regarding maintenance and return of the property.