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Physical property also has the saying "possession is nine tenths of the law". That is, the legal power to exclude others tends to be based on an underlying real
by tbrownaw 13y ago
Physical property also has the saying "possession is nine tenths of the law". That is, the legal power to exclude others tends to be based on an underlying reality.
- dragonwriter 13y ago> Physical property also has the saying "possession is nine tenths of the law". Which saying is (a) not accurate of physical property, and (b) insofar as it does relate to real legal principles applicable to physical property, those principles are also applicable to intangible personal property. Really, its more about a presumption against proprietary rights -- as property is the right to exclude others, if ownership can't be proven, no one can be excluded, and whoever is taking an action which would be excludable by another's ownership is safe, even if they cannot prove that they are the owner who would have the right to exclude others.