Unformatted text preview: s of the mortgagee. Property versus possession
property In a legal sense, ownership of property must be contrasted with possession of property. Possession in
law primarily means physical control, but it can also mean the right to occupation or to the enjoyment
of rents and profits.
In the case of possessory ownership of property, a person in possession is deemed to have ownership
against everyone else, except those who can prove a better title to the property. That is, the mere possession of the land or goods will amount to a form of property or ownership in the land or goods. The
rightful owner, the only person who can defeat the claim of the holder of the land or goods (except in
the case of a statutory passing of time), will be the person who can establish a better title by evidence of
a conveyance (in the case of land) or a receipt (in the case of goods). Land
The position with respect to land is that, in certain limited cases, mere possession can give title under the
doctrine of adverse possession against all but...
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- Three '12
- CROWN, native title, National Native Title Tribunal