5 Acquisition, Continuation and Termination of Possession

AcquisitionPossession is acquired when corpus + animus unite over the thing. Modes:1. Taking (occupatio): acquiring an unowned or abandoned thing by seizing it with intent to hold;2. Delivery by a previous possessor:traditio — actual (handing over the key, the document, the goods), constructive (delivery of documents of title — the register/transfer of a lalpurja; delivery of the key of the godown containing goods), or symbolic (handing a grass tuft or earth-sod in traditional South Asian land transfers — a practice of long usage in deeds);3. Through another: acquisition through an agent, servant or employee (the master acquires when the servant takes on his behalf);4. By operation of law: inheritance — the heir's possession runs on from the deceased's (continuity, below);5. Adverse/forcible: taking without right (the thief, the squatter) — acquisition of possession (fact), though not of right.ContinuationOnce acquired, possession continues without a fresh physical act, by the animus rem sibi habendi (continuity of intention) — so long as the possessor retains the power to resume control:• The landlord's mediate possession continues while the tenant holds;• The traveller's possession of his suitcase continues while he drinks tea;• Long absences do not of themselves destroy possession, if control is exercisable and intent persists (the house locked for the winter);• Adverse possession of another's land continues if the true owner's action is not…