You are watching: What does possession is 9/10 of the law mean
While contemporary courts perform not formally watch the “nine-tenths that the law” principle, possession still matters today. In 1998, a Texas court identified the “nine-tenths” principle but made clear the possession is merely component of a “hierarchy of title.” In re Garza, 984 S.W.2d 344 (Tex. App.–Amarillo 1998). The Garza court found that if possession (in that case of a motor vehicle) trumps the case of a party who has neither record title no one possession, mere possession is low grade to the claims of a party having actually record title to the property.
The prestige of possession on insurance claims to residential or commercial property is still reflect in at the very least a couple of legitimate doctrines. The theory of “adverse possession” awards legal title to real home to a party that has actually continuously inhabited land in spite of title to that residential or commercial property being organized by an additional party.
The duration for i beg your pardon an adverse possessor should occupy real home varies native state come state. Possession is likewise important to the “rule the capture.” Historically, this rule applied to give ownership the game animals to the first person to capture the animal. In much more recent times, that has applied to offer title to herbal resources, like oil and gas, come the an initial person to take it possession the the resource.
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In conclusion, while having actually possession of property rarely harms your claim, it is far from definitive. As soon as in doubt, speak to your lawyer.