This article describes 15 differences between Ownership and Possession.
- The idea of ownership follows the idea of possession.
- The ownership is the de jure recognition of the right over the property.
- Ownership is the subjective and objective. It signifies the externally and internally.
- The right of alienation is an essential characteristic feature of ownership.
- The concept of ownership is used in widest meaning. The owner has the right to consume, destroy and alienate with his free will.
- The residuary power is vested in the owner.
- Ownership is the guarantee of the law.
- Ownership without possession is right, unaccompanied by that environment of fact in which it normally realizes itself.
- Ownership strives to realize itself in possession.
- The ownership is left to seek “proprietary remedies”.
- The law of prescription determines the process by which, through the influence of time, ownership without possession withers away and dies.
- Transfer: the ownership generally can be transferred by the way of convincing and registration in case of immovable properties and by way of delivery in case of movable properties.
- A right in rem can be owned and possessed. But a right in personam can only be owned.
- “Ownership is a matter of multiple rights”.
- 15. Salmond says: “Whereas ownership is strictly a legal concept…..
- First the idea of possession came into existence in the human civilization.
- Possession is the de facto exercise of a claim over the property.
- Possession is the objective realization of ownership. It is the external significance of ownership.
- This right is not seen in possession.
- The concept of possession is narrower in this sense. The possession has limited rights to consume, destroy and alienate.
- The residuary power is not given to possessor.
- Possession is the guarantee of the facts.
- Possession without ownership is the body of fact, uniformed by the spirit of right which usually accompanies it.
- Possession to Endeavour’s to justify itself as ownership.
- The possessor is left with “possessory remedies”.
- The law of prescription determines the process by which, through the influence of time, possession without title ripens into ownership.
- Transfer: the possession, comparatively, can easily be transferred. It does not require conveyancing.
- A right in personam can only be owned, and it cannot be possessed.
- “Whereas possession in singular, but stronger”.
- “Possession is both a legal and a non-legal or pre-legal concept”.