Legal Definitions - possessio

POSSESSIO

Possessio refers to the de facto control of a thing that the holder intends to control. It can also refer to the actual possession of real property, implying either actual occupancy or enclosure or use.

Examples:

• Pedis possessio: This refers to a foothold or an actual possession of real property, implying either actual occupancy or enclosure or use. For example, if someone has built a fence around a piece of land and is using it for farming, they have pedis possessio of that land.
• Possessio bona fide: This refers to possession in good faith. For example, if someone buys a car from a dealership and has no reason to believe that it was stolen, they have possessio bona fide of that car.
• Possessio mala fide: This refers to possession in bad faith, as by a thief. For example, if someone steals a bike and keeps it for themselves, they have possessio mala fide of that bike.

These examples illustrate how possessio can refer to both the actual control of a thing and the intent behind that control. Possessio can be legal or illegal, depending on the circumstances.