possessing

Possessing is the act of having as one’s own or under one’s control. It is the present participle of possess and in everyday use it describes owning, holding, or otherwise exercising control over a thing, a right, or information. A person may possess a house, a key, or knowledge, and possession can be temporary or ongoing.

In legal contexts, possession is a recognized state that can be actual or constructive. Actual possession refers to physical custody or control of an item. Constructive possession occurs when a person has the power and intention to control the item, even if it is not in their immediate physical custody. Possession can be exclusive, where only one person has control, or shared among several people, such as co-owners or joint borrowers. It can be lawful or unlawful depending on the item and the surrounding circumstances.

Criminal law often treats possession as a charged offense. Mere possession of illegal substances, weapons, or contraband can be a crime in many jurisdictions, with or without proof of intent to distribute. Conversely, possession does not always equate with ownership; a person may possess property owned by someone else, and ownership may be separate from possession.

In civil law, possession interacts with rights of title and property transfer. Adverse possession is a doctrine by which a non-owner may acquire legal title after meeting statutory requirements for continuous, open, exclusive, and notorious possession over a period of time. In everyday use, possession also governs transfers through sale, gift, or bailment.

Overall, possessing describes the state of having or exercising control over something, a concept that spans practical ownership, law, and everyday transactions.