4 Kinds of Possession

The standard classifications (with one-line tests):KindsTestExampleActual / ConstructivePhysical holding / possession through another or by operation of law (transfer without delivery; agent; co- owner)Tenant's actual possession, landlord's mediate constructive possessionImmediate (direct) / MediatePossessor holds for self / holds through another who exercises direct controlThe lessee immediate; the lessor mediatePossession in fact / in lawDe facto control / possession law attributes regardless of physical controlThe mortgagee's possession in law while the mortgagor cultivatesAdverse possessionPossession open, hostile and exclusive against the true owner, for the statutory limitation period, capable of maturing into ownership (title by limitation)Squatter cultivating registered land openly for the limitation period — a live issue in Nepali land litigation; see Property Law (LAW5206) for the Supreme Court's treatmentLawful / Wrongful (and forcible/ dishonest)With the owner's consent or legal authority / without it (theft, trespass); wrongful yet protected against all except the person with better rightThe thief's possession protected against third-party violence — only the owner (or the prior possessor) can dispossess lawfullyCorporeal / Incorporeal possessionPossession of things / possession of rights (quasi-possession: enjoyment of an easement, use of a copyright)Daily walking a right of way = quasi- possession of the easementJoint / SoleConcurrent possession by several together / single possessorCo-parceners' joint possession of family landKey doctrinal point (favourite of examiners): even wrongful possession is protected against everyone except the…