And the first written version dates back to 1616, when Thomas Draxe wrote in his Bibliotheca Scholastica: “Possession is nine points of the law.” This referred to the fact that possession fulfilled nine of the eleven points that constituted proof of ownership at the time. Possession is nine-tenths of the law is a popular term rather than an actual legal principle. He first started in property disputes. If two people claim property, it can be much easier for the person currently occupying and using the property to argue that they have ownership rights to the site. “It`s the guide of the person who thinks about urban and suburban squats. With his own life, the latest news, and generations of scientific work, Dobbz traverses the bizarre nature of the United States. System of ownership, from the iron logic of real estate speculation to the madness of “arson for profit”. His book tells the hidden stories we desperately need to know, from lone opportunists to political activists who act selflessly to accommodate others. We read about the stories of big cities – New York, Philadelphia, San Francisco – and navigate the tangles of the foreclosure crisis, how “people remain homeless, how homes remain deserted.” For those not yet ready for an outlaw life, Dobbz explains land trusts and co-op ownership, as well as the romance (and filth) of community life. If you`re thinking about crouching, or just want to learn more about the legal theory of home ownership and homeownership, this book is for you. —Alan W. Moore, author of Art Gangs: Protest and Counterculture in New York City Property is nine-tenths of the law is a term that means property is easier to get if you own something or harder to enforce if you don`t.
The phrase is also given as “possession is ten points of the law”, which is derived from the Scottish phrase “possession is eleven points in the law, and they say there are only twelve”. [1] The period during which an opposing owner must occupy real property varies from state to state. Possession is also important for the “capture rule”. Historically, this rule was in place to give ownership of wildlife to the first man to capture the animal. More recently, he called for the transfer of natural resources such as oil and gas to the first person to take possession of the resource. This popular legal term is a phrase that means that property is easier to obtain when a person is in possession of something, and difficult to enforce when a person does not. We`ve all heard that “property is nine-tenths of the law,” but is that true? The expression probably comes from an old Scottish proverb that “possession is eleven points in the law, and they say they are only twelve”. In America, the principle was used to settle an early dispute in the well-known feud between the Hatfields and the McCoys.
In 1878, Floyd Hatfield and Randolph McCoy had a heated disagreement over the ownership of a few pigs who had questioned Floyd Hatfield`s farm. Unable to resolve their dispute, they took the matter to a local justice of the peace, the preacher Anderson Hatfield. Since the testimonies were divided between the respective clans, the preacher Hatfield relied on the principle of “nine-tenths” when he decided that the pigs should remain with the part in Mr. Hatfield`s possession. Of course, the fact that the preacher shared a last name with Floyd could also have influenced his decision. The McCoy family was obviously not impressed by the preacher`s decision, as their feud with the Hatfields lasted until at least 1901 (and was briefly revived in 1979 during an appearance on the popular game show Family Feud). For example, if you own a car and lend it to a friend, your friend owns the car, but lending the car to them does not transfer ownership of the vehicle. The phrase basically means that if you physically own something, you have a stronger legal right than someone who only claims ownership of it. Another way to put it is that custody presupposes ownership.
In the Hatfield-McCoy feud, in which testimony was also divided, the doctrine that property is nine-tenths of the law led Floyd Hatfield to retain possession of the pig, which the McCoys claimed was their property. [5] It has been argued that, in some situations, property accounts for ten-tenths of the law. [6] Although the concept is older, it is often claimed that the phrase “possession is nine-tenths of the law” dates back to the 16th century. [7] In some countries, possession is not nine-tenths of the law, but it is the responsibility of the owner to establish ownership. [8] Possession of a crime has given law enforcement and prosecutors considerable freedom to carry out arrests and convictions without proving the use or sale of prohibited items. Co-ownership occurs when two or more people share control of one or more illegal objects. For example, if two people live together and drugs are found in their home, both parties can be held liable. Implied possession is when it is assumed that you own an object based on its control. For example, you drive a car with a child in a front seat. The police arrest you and find drugs in the glove compartment. Since you are the only adult in the car who is able to pick up drugs and put them in the car, the police could charge you with implied possession.
If there are two adults in the car and the police find drugs under a seat, the police could say that the person sitting in that seat was constructively possessing the drugs.
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