You are watching: What does possession is nine tenths of the law mean
While modern-day courts do not formally watch the “nine-tenths of the law” principle, possession still problem today. In 1998, a Texas court identified the “nine-tenths” principle but made clear that possession is merely component of a “hierarchy of title.” In re Garza, 984 S.W.2d 344 (Tex. App.–Amarillo 1998). The Garza court uncovered that while possession (in that situation of a engine vehicle) trumps the insurance claim of a party who has neither document title nor possession, just possession is subordinate to the claims of a party having actually record title to the property.
The prestige of possession on cases to building is still reflected in at least a couple of legitimate doctrines. The doctrine of “adverse possession” awards legal location to real home to a party that has actually continuously populated land regardless of title to that residential or commercial property being held by another party.
The duration for i m sorry an disadvantage possessor must occupy real residential or commercial property varies native state come state. Possession is also important come the “rule the capture.” Historically, this rule applied to give ownership that game animals to the first person to catch the animal. In an ext recent times, it has used to offer title to natural resources, choose oil and also gas, to the an initial person to take it possession that the resource.
See more: What Is The Geometric Mean Of 4 And 12 ? Geometric Mean Calculator
In conclusion, while having actually possession of property rarely damages your claim, the is much from definitive. As soon as in doubt, contact your lawyer.