What are different Kinds of Possession of immovable property?

“Possession is nine points in law,” is a principle that highlights the crucial role possession plays in determining ownership and legal rights in property law. There are ten kinds of possession namely;

1) Actual Possession: This is when a person physically occupies and controls the property.

2) Constructive Possession: Here, possession is not physical but through legal rights. For example, a landlord has constructive possession over a property even though they may not physically occupy it.

3) Joint Possession: When two or more individuals share possession of a property, each has equal rights to its use and enjoyment. All parties have the right to access or control the property.

4) Adverse Possession: When a person occupies land without the owner’s consent for a specified period, they may eventually gain legal ownership under certain conditions. This is a form of possessory title, acquired through long, continuous, and overt use.

5) Symbolic Possession: Possession is symbolically transferred through an act, such as handing over keys, sale certificate etc.

6) Derivative Possession: Possession is acquired through the authority or permission of another, such as a tenant who holds possession based on a lease agreement with the landlord.

7) De Facto Possession: This refers to possession that exists in practice but may not be legally recognized. For example, a squatter occupying a property without the owner’s consent.

8) De Jure Possession: This type of possession is legally recognized and protected. The possessor has legal title or rights to occupy and control the property, such as in cases of ownership or lease.

9) Settled Possession: Possession that has been established for a long period, typically without dispute, and is recognized by law.

10) Lawful Possession: Possession that is granted by law, whether through ownership, lease, or other legal arrangements.

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