POSSESSION:

Salmond: Possession of material object is continuing exercise of a claim to

exclusive use of it, invloves two things (i) claim of exclusive user - mental
element - animus possessionis & (ii) conscious and actual exercise of this claim
- physical element - corpus possidendi
Zachariae: relation b/w person & a thing indicating person has intention to
possess that thing & has capacity to dispose it of.
Savigny: essence of corporeal possession is to be found in the physical power
of exclusion. 1st is corpus i.e. physical power to possess a thing for 1 st time. 2nd
is having initially acquired the thing, must be physical power to retain it.
Salmond does not agree with it.
Elements of Possession: 2 as per Savigny (i) Corpus possessionis (ii) animus
domini
(i) Corpus Possessionis: effective control over thing i.e. exclusive use of thing
with capacity to eliminate the interference of others. Both are necessary for
legal possession.
(ii) Animus Domini: intention to hold the thing as an owner of it.
Salmond does not think that animus should be present in legal possession.
Lightwood said that power to eliminate external interference not to be an
essential element. Salmond example of infant holding a thing. Ihring does not
stress on animus possidendi. It is immaterial how a person intended to possess
a thing but important is how he got it and lays stress on character determining
its legality. As per Maine, physical contact necessary for possession but not
mean only physical control but the intention to possess a thing to the exclusion
of others is equally necessary. Holmes concluded that both corpus (physical n
objective) & animus (mental n subjective) are essential for legal possession.
1. Corpus Possessionis: (a) Possessor's physical relation to the res i.e. the
object (b) Relation of possessor to the rest of the world.
Assurance of non-interference can be secured in any of the following ways:
(i) Physical Power of the Possessor (ii) Personal Presence of the Possessor (iii)
Secrecy (iv) Respect to Rightful Claim (v) Protection Afforded by Possession
of other Things (vi) Manifestation of Animus Domini (visibility of claim)
(b) Relation of possessor to the rest of the world: Salmond:"I am in
expectation that I will not be interfered within the use of it...what measure of
security is required for possession. We can only answer: any measure which
normally & reasonably satisfies the animus domini : A thing is possessed,
when it stands wrt other persons in such a position that the possessor, having
a reasonable confidence that his claim will be respected, is content to leave
where it is."
2. Animus Possidendi: Subjective or mental element, intention to appropriate
to oneself the exclusive use and enjoyment of things possessed. Features of
elements of animus or desire are:
(i) animus or desire to possess need not be rightful, may even be consciously
wrong (ii) Possessor exclusive claim over thing in possession, exclusion need
not be absolute (iii) animus need not amount to claim or intention the thing to

use as owner. E.g.: pledge (iv) animus may not be specific, but may be merely
general. E.g.: servant, agent, trustee, bailee
In legal, possessionis relative term. Law is generally not concerned with the
question as to who has the best title but is concerned as to which of the parties
before it has a better title.
e.g.:Bridges v. Hawkesworh, 1851, court decided that bundle of notes found
on the floor of shop passed into possession of the finder rather than the
shopkeeper. Decision supported by Pollock & Salmond. Pollock hold that since
shopkeeper (defendant) has no corpus in bundle of notes, he has no de facto
control over it. Salmond has taken the view that shopkeeper has no animus for
possession.
Conclusion: For a legal possession, neither animus nor corpus is sufficient by
itself. Possession begins with their union and lasts only when one or both of
them disappear.
TYPES OF POSSESSION:
1. Immediate & Mediate: Mediate 3 types: (i) owner possession thru
agent/servant (sending servant to buy from bazar) (ii) immediate possession
with peson holding thing on his and my bhealf and hand over when I desire
(Tenant) (ii) immediate possession with someone bound to return after
sometime (pledging something for a loan)
2. Corporeal & Incorporeal
3. Representative Possession
4. Concurrent Possession: e.g. servant having something mine
5. Derivative Possession: e.g. watchmaker, bailee
6. Constructive Possession: e.g. good sold in warehouse, keys of which are
handed over
7. Adverse Possession: exercised without violence, without stealth, without
possession
8. Duplicate Possession: e.g. co-owners compossessio
OWNERSHIP: Right of ownership is most complete or supreme right that can
be exercised over anything.
Hilbert: Ownership is bundle of rights and can be exercised on a corporeal
thing. Has 4 kinds of rights: (i) Right to use a thing (ii) Right to exclude others
form using a thing (iii) right to dispose of the thing (iv) right to destroy it.
As per Hilbert, Land has no absolute Ownership.
Austin: Ownership is right over a determinate thing indefinite in point of user,
unrestricted in point of disposition and unlimited in point of duration. 3
elements of Ownership:
Holland:
Salmond: