Peaceable possession

Peaceable possession

Peaceable possession is a concept used by realtors in the Real estate business and by lawyers and paralegals in Real property law. It actually refers two possible covenants, contract promises, or warranties.

When referring to title to real property, Quiet title is used to refer to the new owner's peaceable possession. Title, or ownership, also includes possession, but is a greater property right than the latter. Therefore, peaceable possession may also refer to a tenant's, or lessee's, warranty of Quiet enjoyment, or require such for a quiet title action. [ [http://www.answers.com/topic/peaceable-possession?cat=biz-fin Answers.com web site] ]

It is defined as, "in real estate, holding property without any adverse claim to possession or title by another." [ [http://dictionary.law.com/default2.asp?selected=1482&bold=%7C%7C%7C%7C Law.com dictionary] ]

Cotenants take property together in peaceable possession. [ John Houston Merrill, et al., "The American and English Encyclopedia of Law" (1890), located at [http://books.google.com/books?id=K54BAAAAYAAJ&pg=RA1-PA1088&lpg=RA1-PA1088&dq=%22peaceable+possession%22&source=web&ots=OJ6K0Dn28L&sig=KgIh0u15eLkV_M_nhTRp0022Hxg] ]

Peaceable possession is sometimes defined in the negative, that is, a trespasser "lacks" it. [ [http://www.canlii.org/ca/sta/c-46/sec42.html Canadian Legal Information Institute web site] ]

References


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Look at other dictionaries:

  • peaceable possession — n. Continuous possession of property without any adverse claims on it. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008. peaceable possession In rea …   Law dictionary

  • peaceable possession — An uncontested and unresisted possession. Such possession of land as is continuous and not interrupted by adverse suit to recover the estate. Stanley v Schwalbe, 147 US 508, 37 L Ed 259, 13 S Ct 418 …   Ballentine's law dictionary

  • possession — pos·ses·sion /pə ze shən/ n 1: the act, fact, or condition of having control of something: as a: actual possession in this entry b: constructive possession in …   Law dictionary

  • peaceable — peace·able / pē sə bəl/ adj: marked by freedom from dispute, strife, violence, or disorder the right to peaceable assembly peaceable possession peace·ably / blē/ adv Merriam Webster’s Dictionary of Law. Merriam W …   Law dictionary

  • Possession — Pos*ses sion, n. [F. possession, L. possessio.] 1. The act or state of possessing, or holding as one s own. [1913 Webster] 2. (Law) The having, holding, or detention of property in one s power or command; actual seizin or occupancy; ownership,… …   The Collaborative International Dictionary of English

  • possession — Having control over a thing with the intent to have and to exercise such control. Oswald v. Weigel, 219 Kan. 616, 549 P.2d 568, 569. The detention and control, or the manual or ideal custody, of anything which may be the subject of property, for… …   Black's law dictionary

  • Peaceable — Peace a*ble, a. [OE. peisible, F. paisible.] Begin in or at peace; tranquil; quiet; free from, or not disposed to, war, disorder, or excitement; not quarrelsome. {Peace a*ble*ness}, n. {Peace a*bly}, adv. [1913 Webster] Syn: Peaceful; pacific;… …   The Collaborative International Dictionary of English

  • peaceable — peaceable, peaceful In general, peaceable means ‘disposed to peace, not quarrelsome’ and refers primarily to people or activities: • The visitor from beyond the planets would obtain the impression that the Earth is a very peaceable place New… …   Modern English usage

  • To give possession — Possession Pos*ses sion, n. [F. possession, L. possessio.] 1. The act or state of possessing, or holding as one s own. [1913 Webster] 2. (Law) The having, holding, or detention of property in one s power or command; actual seizin or occupancy;… …   The Collaborative International Dictionary of English

  • To put in possession — Possession Pos*ses sion, n. [F. possession, L. possessio.] 1. The act or state of possessing, or holding as one s own. [1913 Webster] 2. (Law) The having, holding, or detention of property in one s power or command; actual seizin or occupancy;… …   The Collaborative International Dictionary of English

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