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Personal Property

Possession includes receipt of rent and profits, or the right to receive them. The meaning of property within the English legal system was established in the case of United States of America v Dollfus Mieg et Cie SA and Bank of England [1952] .
             Over the years the phrase 'possession is nine points of the law' used in trying to demonstrate that possession is in immediate relation to ownership. As regards to real property nobody actually 'owns' land apart from the Crown. This concept goes back hundreds of years when it was said that the King or Queen owned all the land and that people merely owned estates in this land. However these estates are usually as good as ownership. In this light it is evident that possession is the key to 'ownership'. If the Crown has the best property right over the land then the person with the next best property right is that person in possession of the land. The person who took possession of the land and subsequently took physical control then acquired various property rights over others. The idea of physical control is an important part of possession, alongside an intention to control. This theory can be seen another way by looking at the case of Asher v Whitlock (1865) . This case involved squatters moving into property owned by another person who was not at the time occupying the property. It is possible to imagine the owner as the Crown and the squatter as the ordinary person. In this case the owner of the property has the best rights due to the fact that he owns the deeds to the house. However by taking possession of the property the squatter immediately assumes property rights over everyone else, apart from the owner. The only difference being that after 12 years of unopposed possession the squatter is granted property rights, even over the title holder, and becomes the fee simple owner whereas the ordinary citizen never holds rights over the crown. Therefore it seems clear that possession certainly does form nine points of the law here.


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