Mediate possession refers to the control exerted by an individual over something through the intermediary of another person, such as an agent. This concept differs from actual possession, which involves physically having something. Possession entails having authority over an item and the exclusive ability to utilise it. It can pertain to owning property or simply having dominion over something. Occasionally, possession may be subject to dispute, and various forms of possession exist, including constructive possession and peaceable possession.
Mediate possession refers to the possession of something achieved through another person, such as an agent. In all cases of mediate possession, there exists a direct possessor (e.g., an agent) and a mediate possessor (the principal). For instance, if an individual sends their servant to purchase a book on their behalf, they obtain mediate possession of the book through the servant until it is delivered to them, at which point their possession becomes immediate. Similarly, a landlord who hires a property manager to oversee their rental property possesses it mediately through the property manager. These examples demonstrate that mediate possession involves possession through another individual rather than direct possession.
Mediate possession refers to a situation where a person has physical control or custody over a property or item, but does not have legal ownership rights.
Legal ownership grants a person full rights and control over a property or item, including the ability to sell, transfer, or dispose of it. Mediate possession, on the other hand, only provides temporary control without the legal rights of ownership.
Examples of mediate possession include renting a house or apartment, borrowing a friend’s car, or holding someone’s belongings for safekeeping.
Yes, mediate possession can be legally enforced through various means, such as rental agreements, loan agreements, or contracts that outline the terms and conditions of possession.
If someone in mediate possession refuses to return the property, the legal owner may have the right to take legal action, such as filing a lawsuit for recovery of the property or seeking an injunction to compel its return.
In most cases, mediate possession cannot be transferred to another person without the consent of the legal owner. However, certain agreements or contracts may allow for the transfer of mediate possession rights.
Someone in mediate possession has the responsibility to take reasonable care of the property or item, ensure its safekeeping, and return it in the same condition as when it was received, barring normal wear and tear.
Yes, someone in mediate possession can be held liable for damages caused to the property or item during their possession, if it can be proven that the damages were a result of their negligence or intentional actions.
Mediate possession can be terminated before the agreed-upon time if both parties mutually agree to terminate the possession or if there is a breach of the terms and conditions outlined in the agreement or contract.
If there is a dispute regarding mediate possession, the parties involved may seek legal remedies such as mediation, arbitration, or litigation to resolve the issue and determine the rightful possession of the property or item.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 25th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/mediate-possession/
- Modern Language Association (MLA):Mediate Possession. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/mediate-possession/.
- Chicago Manual of Style (CMS):Mediate Possession. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/mediate-possession/ (accessed: May 09 2024).
- American Psychological Association (APA):Mediate Possession. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/mediate-possession/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts