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constructive possession

 

Definitions from WordNet

Noun constructive possession has 1 sense
  1. constructive possession - (law) having the power and intention to have and control property but without direct control or actual presence upon it
    --1 is a kind of
    possession, ownership

Definitions from the Web

Constructive Possession

Description:

Constructive possession refers to a legal concept where a person has control or ownership of an object or property without having physical custody or direct physical control over it. It involves the ability to exercise dominion and control over the item, even if it is not physically present.

Senses:

1. Legal Sense:

In a legal context, constructive possession is often applied in criminal cases to establish the ownership of illicit items or to attribute responsibility for their presence.

Example:

The prosecutor argued that even though the drugs were not found in the defendant's house, his knowledge and ability to access them proved his constructive possession.

2. Real Estate Sense:

In real estate, constructive possession may refer to the state of having control or ownership rights over a property, despite not physically occupying it.

Example:

As per the terms of the lease agreement, the tenant has constructive possession of the commercial space, allowing them to make alterations and manage the property accordingly.

Usages:

1. Popular Usage:

Constructive possession is frequently discussed in legal proceedings involving narcotics, firearms, stolen goods, and other criminal activities where proving ownership or control is essential.

Example:

The defense attorney had to argue against the concept of constructive possession as the main evidence provided was circumstantial and did not directly prove ownership or control.

2. Local Usage:

In some local communities, constructive possession may be colloquially referred to when someone is believed to have control over an object or space, even when it is not physically present with them.

Example:

Bob always carries his guitar pick, even though he might not have his guitar. We say he has constructive possession of music at all times.

Related Products:

To delve deeper into the concept of constructive possession, you may find the following books useful:

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