actual possession – in adverse possession cases, actual entry upon the premises, actual occupancy such as to indicate exclusive ownership

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actual possession:

1. Physical occupancy or control over property. — aka possession in fact.[1]

1. Substantial possession, possession in fact, sometimes referred to as by the foot or pedis possession.  the term is also used by some authorities in referring to the possession of one part of a large tract by possession in fact of the other part, where the occupant claims the whole as a right and there is substantial evidence of the boundaries of the entire larger tract, although other authorities refer to this type of possession by actual occupancy of another part as constructive possession. 42 Am J1st Prop § 42.

Actual possession is an essential of adverse possession.  As such it means possession in fact, effected by actual entry upon the premises, and actual occupancy such as to indicate his exclusive ownership. 3 Am J2d Adv P § 13. [2]

1. Actual occupancy of property and dominion over it; possession in fact as opposed to possession in law. [3]

possession in fact – Actual possession so called possession in deed: — an actual and ous occupancy or exercise of full dominion.  This may be either, first, an occupancy of the whole that is in possession, Whth l o d called pedis pos essio, and may be call d ttal possessnon, or, second, an 0 up thereof in the name of the whol , w t suthcxent evidence of the bound of t h is claimed as one cut: e y and t c are such that the law e e ds th part that is occupied 1 th b Prep § 42 p [2]


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[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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