Difference between ownership and possession: what should you know?
La your property and the possession They are fundamental concepts in the legal field that are frequently confused. Although they are closely related, it is crucial to understand their differences to avoid misunderstandings and protect your rights. In this article, we will explain clearly and concisely what distinguishes ownership from possession.
Before delving into the differences, it is essential to define each concept. The your property refers to the legal right that a person has over an asset, whether movable or immovable. This right gives the owner the power to use, enjoy, dispose of and claim the property. On the other hand, the possession It is the physical power that is exercised over an asset, regardless of whether or not one has ownership of it.
Key Differences Between Ownership and Possession
- Legal Law vs. physical control: Ownership implies a right recognized by law, while possession refers to physical control over an asset, without necessarily having the legal right over it.
- Temporality: Ownership tends to be permanent, unless voluntarily transferred or lost due to legal causes. Instead, possession may be temporary and subject to change.
- Right to dispose: The owner has the power to sell, donate, rent or mortgage the property, while the possessor cannot freely dispose of it without the owner's consent.
- Legal responsability: The owner is responsible for the obligations and charges that fall on the property, such as taxes or repairs. The possessor, for his part, is only responsible for the property during the time he has it under his control.
Practical examples
- A tenant who rents an apartment is the holder of the property, but not the owner. The owner of the apartment maintains the your property of the good
- If you lend your car to a friend, he becomes the holder temporary vehicle, but you are still the owner.
- When you buy a house, you acquire both the your property like the possession of the property, which gives you full rights over it.
Importance of knowing the difference
Distinguishing between property and possession is essential for protect your rights and avoid legal conflicts. If you are the owner of an asset, you must know the implications and responsibilities that come with it. On the other hand, if you are a possessor, it is essential to understand the limits of your rights and the obligations you have towards the owner.
Furthermore, in cases of legal disputes, such as evictions or property claims, understanding the difference between these concepts will help you defend your interests effectively. It is always advisable to seek specialized legal advice if you are faced with a complex situation related to the ownership or possession of an asset.
In short, knowing the distinction between ownership and possession is essential for anyone who has or aspires to have property. This knowledge will allow you to make informed decisions, protect your rights and avoid misunderstandings in the legal field.