Distinction between ownership and possession in relation to law of property

Ownership:

  • Confers certain basic rights over the property for example rights to exclusive use, possession, misuse  and disposition.
  • The proprietor may part with possession by choice.
  • It is a question of law.

Possession:

  • This is the mere fact of holding or control of the property.
  • It does not generally confer proprietary rights.
  • It is a question of fact.
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