possessio

/pazesh(iy)ow/ Lat.

Civil law.

That condition of fact under which one can exercise his power over a corporeal thing at his pleasure, to the exclusion of all others. This condition of fact is called "detention," and it forms the substance of possession in all its varieties.

Old English law.

Possession; seisin. The detention of a corporeal thing by means of a physical act and mental intent, aided by some support of right.

General Classification

@ pedis possessio

A foothold; an actual possession of real property, implying either actual occupancy or enclosure and use

+ pedis possessio

/piydas pszesh(iy)ow/

A foothold; an actual possession. To constitute adverse possession there must be pedis possessio, or a substantial inclosure. Doctrine which normally only governs rights prior to discovery of valuable minerals while party is still prospecting; it protects prospector from intervention by another prospector, but only so long as he remains in actual possession of the claim and is diligently searching for minerals. Goldfield Mines, Inc. v. Hand, App., 147 Ariz. 498, 711 P.2d 637, 644

@ possessio bona fide

/pazesh(iy)ow bowna faydiy/ Possession in good faith.

@ possessio mala fide

possession in bad faith. A possessor bona fide is one who believes that no other person has a better right to the possession than himself. A possessor mala fide is one who knows that he is not entitled to the possession

@ possessio bonorum

/pazesh(iy)ow bownoram/ In the civil law, the possession of goods. More commonly termed "bonorum possessio" (q.v.)

@ possessio civilis

/pazesh(iy)ow sivalas/ In Roman law, a legal'possession, i.e., a possessing accompanied with the intention to be or to thereby become owner; and, as so understood, it was distinguished from "possessio naturalis, " otherwise called "nuda detentio," which was a possessing without any such intention. Possessio civilis was the basis of usucapio or of longi temporis possessio, and was usually (but not necessarily) adverse possession

@ possessio fratris

/pazesh(iy)ow fraetras/ The possession or seisin of a brother; that is, such possession of an estate by a brother as would entitle his sister of the whole blood to succeed him as heir, to the exclusion of a half-brother. Hence, derivatively, that doctrine of the older English law of descent which shut out the halfblood from the succession to estates; a doctrine which was abolished by the descent act, 3 & 4 Wm. IV, c. 106

@ possessio longi temporis

/pazesh(iy)ow lonjay temparas/

See usucapio

@ possessio naturalis

/pazesh(iy)ow naetyareylas/

See possessio civilis, above

@ possessio est quasi pedis positio

/pazesh(iy)ow est kweysay piydas pazish(iy)ow/ Possession is, as it were, the position of the foot.

@ possessio fratris de feodo simplici facit sororem esse haeredem

/pazesh(iy)ow fraetras diy fyuwdow simplasay feysat sarorsm esiy hariydam/ The brother's possession of an estate hi fee-simple makes the sister to be heir

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