Precarious Possession - Law Dictionary Search Results
Home Dictionary Name: precarious possessionprecarious possession
precarious possession see possession ...
precarious
precarious : depending on the will or pleasure of another [a temporary and office] see also precarious possession at possession ...
possession
possession 1 : the act, fact, or condition of having control of something: as a : actual possession in this entry b : constructive possession in this entry c : knowing dominion and control over a controlled substance or other contraband d in the civil law of Louisiana : the detention or enjoyment of a corporeal thing e : control or occupancy of property actual possession 1 : direct occupancy, use, or control of real property [had actual possession of the land despite a lack of legal title] 2 : direct physical custody, care, or control of property or contraband (as illegal drugs) [actual possession is not necessary to sustain a conviction "State v. Garrison, 896 S.W.2d 689 (1995)"] adverse possession : actual possession of another's real property that is open, hostile, exclusive, continuous, adverse to the claim of the owner, often under a claim of right or color of title, and that may give rise to title in the possessor if carried out for a specified statutory period (as ...
prescription
prescription [partly from Middle French prescription establishment of a claim, from Late Latin praescription- praescriptio, from Latin, act of writing at the beginning, order, from praescribere to write at the beginning, dictate, order; partly from Latin praescription- praescriptio order] 1 : acquisition of an interest (as an easement) in real property that is usually less than a fee by long-term, continuous, open, and hostile use and possession as determined by the law of a jurisdiction [gained title by ] see also easement by prescription at easement compare adverse possession at possession 2 in the civil law of Louisiana a : the running of a period of time set by law after which a right is unenforceable in Louisiana courts but may be enforced in another state forum [an interruption of ] [by the of ten years] ;also : the bar to an action that results from prescription see also peremptory exception compare peremption b : the creation of a right by the running of a period of time...
Precarious
Depending on the will or pleasure of another held by courtesy liable to be changed or lost at the pleasure of another as precarious privileges...
Precari' or preces
Precari' or preces, day-works which the tenants of certain manors are bound to give their lords in harvest time. Magna precaria was a great or general reaping day....
Possession
Possession, correctly understood, means effective physical control or occupation. The word 'possession' is sometimes used inaccurately as synonymous with the right to possess, Gurucharan Singh v. Kamla Singh, (1976) 2 SCC 152.Possession, does not imply mere acts of the user, or of occupation alone, but the occupation must be with the intention of exercising some claim or right in respect of the property occupied. A person who has no claim to the property but succeeds by show of force in acquiring physical control over the same cannot be treated to be in its possession, notwith-standing his physical control over it, Ram Krishna v. Bhagwan Baksh Singh, (1961) All LJ 301.Possession, implies dominion and control and the consciousness in the mind of the person having dominion that he has it and can exercise it, Chhedi Ram v. Mahngoo Tiwari, 1969 All WR (HC) 230.Possession, in common parlance denoted to occupy, to have or hold as owner, to obtain, to maintain, Krishna Prasad Jaiswal v. Kanti...
Adverse possession
Adverse possession is that form of possession or occupancy of land which is inconsistent with the title of any person to whom the land rightfully belongs and tends to extinguish that person's title, see (English) Real Property Limitation Act, 1874 (37 & 38 Vict. c. 57), which provides that no person shall make an entry or distress, or bring an action to recover any land or rent, but within twelve years next after the time when the right first accrued, and does away with the doctrine of adverse possession, except in the cases provided for by s. 15. See Nepean v. Doe, (1837) 2 M. & W. 910.Possession is not held to be adverse if it can be referred to a lawful title, Doe v. Bightwen, 10 East 583; Wall v. Stanwick, 34 Ch D 763. Non-adverse possession is of two kinds. The title of the dispossessed may not be paramount, as in the case of a leasehold term when dispossession of the lessee is not necessarily inconsistent with the reversioner's rights, and secondly, the person setting up disposse...
Lawful possession
Lawful possession, is not litigious possession and must have some foundation in a legal right to possess the property which cannot be equated with a temporary right to enforce recovery of the property in case a person is wrongfully or forcibly dispossessed from it. Juridical possession is possession protected by law against wrongful dispossession but cannot perse always be equated with lawful possession, M.C. Chockalingam v. V. Manickavasagam, AIR 1974 SC 104 (110): (1974) 1 SCC 48: (1974) 2 SCR 143. [T.N. Cinemas (Regulation) Rules, 1957, R. 13]The term 'lawful possession' as defined in the Law Lexicon, Reprint Edition, 1987, by P. Ramanatha Aiyar at p. 712 as: The term 'lawful possession' is not convertible with 'innocent possession' in legal terminology. Intent does not enter into whether an act is unlawful or tortuous, though it does as to whether it is innocent or criminal. To establish 'lawful possession'.It is absolutely necessary for a party to prove with the documents which ca...
Possession is nine points of the law
Possession is nine points of the law. This adage is not to be taken to be true to the full extent, so as to mean that the person in possession can only be ousted by one whose title is nine times better than his; but it places in a stronger light the legal truth that every claimant must succeed by the strength of his own title and not by the weakness of his antagonists. For instance, if the claimant be able to show a descent from the grantor of the estate, perfect except in one link of the chain, and the man in possession be a perfect stranger, the latter shall keep the estate; and so, also, if the claimant be a natural son of the last owner and adopted by him, and declared by him to be designed as his heir, yet if he dies without making a will in his favour, a stranger in possession has a better title. In Beddall v. Maitland, (1881) 17 Ch D p. 183, Sir Edward Fry, speaking of the statute 5 Rich. 2, stat. 1, c. 8, which makes a forcible entry an indictable offence, says: 'This statute c...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial