Possession (physical versus legal) meaning

In legal practice, possession describes who actually controls land or goods and who has the immediate right to control them. Physical (factual) possession means de facto custody and control, usually with intention to possess. Legal possession (possession in law) refers to an immediate right to possession, which may exist without physical custody (for example where goods are held by a bailee or agent, or where a lease has ended). Across England & Wales, Northern Ireland and Ireland, possession is largely defined by case law. The common law presumes that the person in de facto possession is entitled to possess and may sue in trespass or conversion unless another proves a superior title (relativity of title). Limitation/adverse possession is governed by statute (e.g. Limitation Act 1980; Statute of Limitations 1957; Limitation (Northern Ireland) Order 1989; Land and Conveyancing Law Reform Act 2009). In Scots law, possession (as distinct from detention) is protected; a possessor may bring spuilzie for unlawful dispossession. The Prescription and Limitation (Scotland) Act 1973 and case law govern prescriptive acquisition. Usage of “physical” and “legal” possession is broadly consistent, though Scots terminology distinguishes possession from detention.