What is the difference between possession in fact and possession in law?

[Jurisprudence] The conception of possession has evolved through a long course of time. In the beginning, it was only a fact; it meant physical control over a thing. Later on, this fact started receiving recognition and protection by law. Thus possession included a physical relation with the object as well as its recognition by law. Possession in fact and possession in law are co-terminus but is not necessarily available at the same time, possession may be in fact not in law or possession may be in law but not in fact.

Originally written on April 17, 2013 and last modified on April 17, 2013.

Leave a Reply

Your email address will not be published. Required fields are marked *