lawful possession – possession based on a good-faith belief in and claim of right

     This page is continued from Property >>>> Tenancy>>>> Possession:

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lawful possession:
(16c.)

2. Possession granted by the property owner to the possessor. 

1. Possession based on a good-faith belief in and claim of ownership (or claim of right)[1]

  • claim of right – entry and occupation of land with intent to claim and hold it for one’s own. — aka  claim of title; claim of ownership.

lawful:

1. Not contrary to law; permitted or recognized by law <the police officer conducted a lawful search of the premises>.  See LEGAL.lawfulness, n. [1]

1. According to law.  In accord with the spirit of the law, not merely the form so flaw. State ex rel. Van Nice v Whealey, 5 SD 427, 431, 59 NW 211.
     See legal, also words and phrases following beginning “lawful” and words and phrases beginning with ‘legal.”

1. According to law; not prohibited by law.  Although “lawful” and “legal” are often used interchangeably, “lawful” more nearly suggests the concept of being in accord with the spirit or substance fo the law, whereas “legal” conveys the idea of compliance with the form of the law. [2]

References:

Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

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