Head 9

Question 1

Only two things which possession produces in itself

Answer 1

1. For corporeal moveables, the person who possesses is presumed to be the owner.
2. If you are in possession then you cannot lawfully be dispossessed without either (a) your consent, or (b) a court order

Question 2

The fact of possession in combination with other facts….

Answer 2

Confers rights (e.g. occupatio, acquisition of real rights or lease and servitude, positive prescription)

Question 3

Acquisition of possession requires:

Answer 3

1. Corpus

2. Animus

Question 4

What is required for corpus (the act of the body)

Answer 4

Physical control - for large objects / land as long as the possessor possesses part of it then they possess the whole thing.

Question 5

What is required for animus (the act of the mind)

Answer 5

There must be intention:

a) To exercise control
b) For one’s self

Question 6

In container cases, the possessor of the container…

Answer 6

Also possesses everything inside it, even if he doesn’t know what they are.

However, you must be in control of the container.

Question 7

Parker v British Airways

Answer 7

Heathrow bracelet case. BA argued that since they possess the terminal, they also posses everything inside the building. Held that the container principle didn’t apply because BA were not in full control of possession of the terminal

Question 8

Harris v Abbey National

Answer 8

Vinyl left by pursuer at girlfriends house. House repossessed by the defendants and they threw the vinyl out. Pursuer sued for damages. Held that the defendants were in possession of the house and due to the container principle they were in possession of the records.

Question 9

In relation to the requirement of intending to exercise control for one’s self what is the distinction…

Answer 9

Between a person who merely has custody of a thing (ie doesn’t intend to hold it for themself) and a person who intends to hold it for themself.

Question 10

What is civil possession?

Answer 10

Where you possess through the corpus of another.

Question 11

A tenant is held to possess…

Answer 11

Both for themselves (as natural possession) AND for the landlord (as civil possession)

Question 12

If you are not present do you lose possession?

Answer 12

No - you are regarded as possession (animo solo) - by intention alone.

However, if while you are not physically present someone seizes possession from you then you lose possession.