Possession

Abstract

This chapter examines the nature of the possession that gives rise to title. It explains that ‘possession’ is ambiguous, particular senses of ‘possession’ are vague, and that the meaning of ‘possession’ shifts from context to context. It argues that, for the purposes of the rules concerning the acquisition of title, the general rule is that one will obtain possession of certain land or a particular chattel if and only if one has (a) exclusive physical control of the land or chattel; and (b) an intention, in one’s own name and on one’s own behalf, to exclude the world from it.