Topic > Essay on the property of choices in possession - 1695

I. INTRODUCTION "Possession is nine-tenths of the law", this old phrase is said to be a precept of ancient English Common Law and today is one of the most recognized and frequently used legal adages in history. However, despite its widespread use, we must ask ourselves: exactly how much truth is there in this common phrase? Is possession really nine-tenths of Australian property law when determining the ownership of those chosen in possession? The overall goal of this article is to examine this infamous adage about “possession,” particularly as it relates to the title or ownership of chosen possessions, i.e., tangible property objects. More specifically, this article will define and analyze the true meaning of the phrase “possession is nine-tenths of the law” and how it currently fits into current property law. Additionally, this essay will examine the different categories of possession that lead to the common law of “finder's keepers,” discussing competing ownership claims and possessory right superior to choice of possession. Finally, this article will examine the political justifications that underline the decisions of the finder's keeper law. Putting all family law issues aside, ownership of material assets is rarely a problem when it is in the hands of the rightful and true owner. However, it is when the true owner misplaces or misplaces his property which is then discovered and becomes in the possession of a "finders" that issues of possession and title begin to arise. In today's evolving law, the phrase "possession is nine-tenths of the law" may be considered a slight exaggeration. Someone who is in possession of property has a stronger claim than someone who simply says it belongs to him, however, it is not a...... middle of paper......Tubantia (1924) P 78Waverley Borough Council v Fletcher [1996] QB 334Young v Hichins (1844) 6 QB 606; of those who find it, Professor of LawAndrew Marshall, 'Possession is now '10-tenths' of the law', The Land (online), 12 October 2012Clanad, Possession is nine-tenths of the law (24 October 2006) The Answer BankKeith S, Where does the phrase possession is nine-tenths of the law come from? (August 1, 2011) Language and use of English>