SZABLC Memon Goth, Malir, Karachi

LLB Batch 06 (2024-2028) Semester –I

Subject Introduction to LAW

Lecture 06: Focus on following Topics:

1. Ownership and Possession

Notes with Expiation

Ownership and Possession

Ownership and possession are two distinct legal concepts, often confused due to their
overlap in everyday situations. Here's a breakdown of their key differences:

Ownership:
Definition:
The legal right to control and enjoy an object or property, including the
right to use, possess, modify, dispose of, and exclude others from using
it.

Characteristics:
1. Exclusive: Only the owner has the full legal right to the object.
2. Permanent: Ownership generally lasts indefinitely or until
intentionally transferred.
3. Tangible & Intangible: Applies to both physical objects like land
and cars and intangible property like intellectual property.
4. Bundle of rights: Includes various rights like possession, use,
income, and alienation (to sell, gift, etc.).

Possession:
Definition:
The physical control or occupation of an object, regardless of legal
ownership.

Characteristics:
1. Physical control: Requires actually having the object in one's
control or custody.
2. Temporary: Possession can be temporary, like borrowing a book,

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of query Don’t hesitate to contact. Faisal 0300-9290789
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 or ongoing.
3. No ownership claim: Possession alone doesn't necessarily confer
ownership.
4. Right to possessory action: Possessors have the right to recover
the object from anyone who wrongfully takes it.

Example of Car:
The owner has the complete legal right to do anything with the car, drive it, rent it out,
sell it, etc. They are like the CEO of the car. On the other hand, someone borrowing the
car with the owner's permission has physical control over it but can't make decisions like
selling it. They are like the temporary manager of the car.

Table Summary

Feature Ownership Possession

Definition Legal right to control & enjoy Physical control
Characteristics Exclusive, permanent, tangible & Temporary, no ownership claim,
intangible, bundle of rights right to possessory action
Example CEO of the car Temporary manager of the car

A Project of Study Aid Project of NIDA LAW FIRM: We will be happier to assist you. For any kind
of query Don’t hesitate to contact. Faisal 0300-9290789
Page 2 of 2