Legal

Difference Between Ownership and Possession

Main difference

The main difference between ownership and possession is that ownership is the complete right and valid claim to an item or object whereas possession is the physical control over an item or object.

Ownership vs. Possession

Ownership is the right to obtain an item and the owner has the right to destroy the item, while possession is the right to use an item and the possessor does not have the right to destroy the item. Ownership gives you the right to own an item and enjoy its benefits; on the other hand, possession only gives you physical control of the item.

Ownership gives you the right to possess the object and on the other hand, possession does not give you the right of ownership. The property transfer process is long, but the possession transfer process is simple. In ownership, the owner owns the object, but in possession, the possessor cannot own an object.

The property is three-class private property, combined property, and common property. And on the other hand, possession is real possession, productive possession and illegal possession. Ownership is the relationship of man to the object that can create the theme of ownership, but possession is the basic relationship of man to the object.

Comparison chart

Property Possession
Ownership is the right to obtain an item or object, use it, and enjoy its benefits. It gives you possession of the item and a full right and valid claim on an item. Possession gives you the right to use the item; gives you physical control of an object. You do not own the item, but you have a better claim on the item.
Correct
right to possess No property right
To transfer
technical process easy process
Owner
The owner can own The possessor is not the owner
Classification
It can be private, combined and common Real, productive and illegal

What is property?

Ownership is the right to possess, use and dispose of the object. The owner can own the object and also becomes the possessor. Then he has the right to use the benefits of the item. And he can destroy or dispose of the item while the item is in use. Many authors and lawyers asserted that ownership is an entire right or valid claim of the owner to an item or object. Ownership may be of any object, land, or any intellectual property, such as copyrights or trademarks. The property can be private, combined and common.

You gain ownership and then you can also lose ownership in many ways. The owner has the right to consume and enjoy the benefits of the possessed object. Nobody can stop it. You can even destroy the object of your property, but the law restricts it in many cases. When you own something, you automatically become its possessor as well.

Ownership of the object is transferable to anyone, but the transfer of ownership is a technical process and it takes some time to transfer ownership from one person to another. For example, a person buys a car by paying the full amount, now he is the owner of the car and has all the rights. The person also owns the car. The owner can use the car and can also dispose of it. He can transfer ownership of the car, but it is a technical process that takes some time.

What is possession?

Possession is considered the person’s physical control of an item or object. Possession is the right to consume the item. And the possessor has a better claim on the object than anyone, even the actual owner is not considered the owner if the possessor is different. The possessor has a better claim on the object than the owner himself.

Possession cannot give you the right to own something. The possessor is not the owner of the object. Possession can be actual possession, productive possession, and illegal possession. And the transfer of possession is a simple process. The transfer process is less technical in possession.

Possession is the continued implementation of a claim to fully possess and use the object. Possession of the object is short-term or long-term, and depends on the situation. The right of possession grants a personal right to become the registered owner of the object. Possession may be legal if it is with the consent of the owner, but possession becomes illegal if it is not with the consent of the owner. For example, a person buys a rented car from a bank. The real owner is the bank, while the possessor is the person who pays the lease payments to the bank. The owner has a greater right to use the car. But you can’t get rid of it because you are not the real owner. He can transfer possession, which is a less technical process.

Key differences

  1. Ownership is the full legal right and valid claim of the owner to the object, while possession grants the right to use, and is only physical control over the object.
  2. Ownership gives the right to possess the object; possession does not give the right to possess the object.
  3. The property is private, combined and common. On the other hand, there is no classification of possession.
  4. Property transfer is a relatively tough and authoritative process. On the contrary, the transfer of possession is less procedural.
  5. Ownership gives you the right to possess, use, and destroy the object, but possession does not give you any of these rights except the right to use.

Final Thought

Ownership gives you the legal right to own and use something, while possession gives you physical control of an object.

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