You are watching: Is possession 9 tenths of the law
While modern-day courts execute not formally watch the “nine-tenths of the law” principle, possession still problem today. In 1998, a Texas court recognized the “nine-tenths” principle yet made clear that possession is merely component of a “hierarchy that title.” In re Garza, 984 S.W.2d 344 (Tex. App.–Amarillo 1998). The Garza court discovered that if possession (in that case of a engine vehicle) trumps the claim of a party who has neither document title nor possession, just possession is subordinate to the cases of a party having actually record location to the property.
The prestige of possession on cases to residential or commercial property is still reflect in at least a couple of legal doctrines. The doctrine of “adverse possession” awards legal location to real residential or commercial property to a party that has continuously populated land in spite of title come that home being organized by another party.
The duration for which an disadvantage possessor should occupy real home varies native state to state. Possession is additionally important to the “rule that capture.” Historically, this rule applied to offer ownership the game animals to the an initial person to capture the animal. In an ext recent times, that has used to provide title to natural resources, favor oil and also gas, come the first person to take possession of the resource.
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In conclusion, while having possession of residential property rarely harms your claim, the is far from definitive. When in doubt, contact your lawyer.