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Legal Definitions - contentious possession

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Definition of contentious possession

Contentious possession is when someone holds onto property that is disputed or claimed by someone else. It is similar to hostile possession, which is when someone claims ownership of property that belongs to someone else. Possession refers to having control over something and being able to use it exclusively.

For example, if two people claim ownership of a piece of land and one person builds a fence around it and starts using it, they are in contentious possession of the land. The other person may dispute their claim and take legal action to regain possession of the land.

Another example is when a tenant continues to occupy a property after their lease has expired and the landlord has asked them to leave. The tenant is in contentious possession of the property because they are holding onto it despite the landlord's claim to ownership.

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Simple Definition

Contentious possession is when someone claims ownership or control over something that is disputed by others. Possession means having or holding property and exercising control over it. There are different types of possession, such as actual possession (physically occupying or controlling property), constructive possession (having control over property without physically possessing it), and incorporeal possession (having control over something that is not a physical object, like an easement). Contentious possession is often associated with adverse possession, where someone claims ownership of property that they have occupied and used for a certain period of time, even if they do not have legal title to it.

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