10.3 Types of Possession

10.3.1 Possession in Law and Possession in Fact Possession in fact (de facto) is actual physical control; possession in law (de jure) is possession the law attributes regardless of physical control — the mortgagee's possession in law while the mortgagor cultivates; the possessor by operation of law (inheritance) before he ever touches the thing. Law's attribution can also deny possession to the holder in fact: the servant holding the master's goods has mere custody. 10.3.2 Mediate and Immediate Possession Immediate (direct) possession: the possessor holds for himself, exercising direct control — the lessee cultivating the land. Mediate possession: possession held through another who exercises the direct control — the lessor, whose tenant holds immediately, possesses mediately. Both can exist simultaneously over one thing (a chain is possible: owner → mortgagor → tenant → sub- tenant); the law protects every link against strangers, and settles priority between links by the doctrines of title and better right. 10.3.3 Corporeal and Incorporeal Possession Corporeal possession is possession of things — land, goods, animals. Incorporeal possession (quasi-possession) is possession of rights — the daily walking of a right of way is quasi- possession of the easement; the regular exercise of a copyright's exclusive rights is quasi- possession of the copyright. The doctrine matters because rights, like things, can be possessed, enjoyed and disturbed —…