Possession is nine-tenths of the law

Possession is nine-tenths of the law is an expression meaning that ownership is easier to maintain if one has possession of something, or difficult to enforce if one does not. The expression is also stated as "possession is ten points of the law", which is credited as derived from the Scottish expression "possession is eleven points in the law, and they say there are but twelve."[1]

Although the principle is an oversimplification, it can be restated as: "In a property dispute (whether real or personal), in the absence of clear and compelling testimony or documentation to the contrary, the person in actual, custodial possession of the property is presumed to be the rightful owner. The rightful owner shall have their possession returned to them; if taken or used. The shirt or blouse you are currently wearing is presumed to be yours, unless someone can prove that it is not."[2]

  1. ^ Albert M. Martin (1882). "Answers". The Chautauquan. 3 (October 1882). Chautauqua Literary and Scientific Circle.
  2. ^ S Rutledge (2000), Government's defense of the Status Quo: Advocating a shift in applying presumption theory in intercollegiate parliamentary debate (PDF), Parliamentary Debate, archived from the original (PDF) on 2011-07-24, retrieved 2011-01-23

© MMXXIII Rich X Search. We shall prevail. All rights reserved. Rich X Search