California taking possession 2025

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The Legal Definition of Possession. Under California law, it is possible to have actual or constructive possession of an item. You can also have joint possession of an item with one or more other people. You have actual possession of something when you hold it or have immediate access to it.
Understanding the Nuances of Possession in Criminal Offenses Physical Possession. Constructive Possession. Joint Possession. Frequently Asked Questions About Possession in Criminal Cases. Protect Your Rights with Musca Law, P.A.
In all cases, to possess something, a person must have an intention to possess it as well as access to it and control over it. A person may be in possession of some piece of property without being its owner.
In California, for a person to claim adverse possession, they must demonstrate that they have been in continuous and exclusive possession of the property for at least five years, openly and notoriously, and under a claim of right or with the belief that they have the legal right to possess the property.
This can take the form of apprehension (taking an object not in someones possession) or seizure (taking an object in someones possession). It can also be obtained through a two-sided process of handing over the possession from one party to another. The party handing over possession must intend to do so.
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get lay hold of obtain procure secure win. take possession of (verb as in seize)
Possession means the ownership , control , or occupancy of any object, asset , or property , by a person.

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