Although modern courts do not formally respect the principle of “nine-tenths of the law”, possession still plays a role today. In 1998, a Texas court recognized the “nine-tenths” principle, but clarified that ownership is only one part of a “hierarchy of title.” In re Garza, 984 p.W.2d 344 (Tex. App.–Amarillo 1998). The Garza court concluded that if possession (in this case, a motor vehicle) outweighs the claim of a party who has neither registration title nor possession, mere possession is subordinated to the claims of a party who has ownership of the document. This concept has been applied to both tangible and intangible products.  In particular, “knowledge management” poses problems with regard to this principle.  Google`s possession of a large amount of content has led to some caution due to this principle.  It was said that there was a time when attitudes towards rights over genetic resources were that ownership was nine-tenths of the law, and for the other tenth the principle that biological resources were the heritage of humanity.  There are legal defences against criminal charges of possession of illegal drugs and possession of weapons or other weapons. An experienced defense attorney can advise you on the best strategy to combat these accusations. Constructive possession involves knowledge of an object and the ability to control the object even when the owner is not in physical contact with the object. If you are involved in a land ownership dispute and would like to formalise your claim for adverse possession or defend someone`s attempts to evict you from your land, please contact our dispute resolution team on 0161 696 6178. Just because a person owns something doesn`t mean they own it.
However, it is often assumed that a person who is in possession of something is the most likely owner. But this is not always the case. Indigenous peoples are often confronted with this principle.  It is questionable whether the principle applies to Amerindian land claims.   It has been said that “squatter rights” and “property is 9/10 of the law” were largely responsible for how the American West was taken.  Working with an experienced defence lawyer is the first step in understanding and defending a particular possession charge. As in all criminal cases, your defense attorney will develop a strategy based on the specific facts of your case. In fact, also called possession, actual possession is as most of us would describe it: the physical custody or control of an object. For example, a person wearing a watch actually has possession of the watch around their wrist. We`ve all heard that “property is nine-tenths of the law,” but is that true? The expression probably comes from an old Scottish proverb that “possession is eleven points in the law, and they say they are only twelve”.
In America, the principle was used to settle an early dispute in the well-known feud between the Hatfields and the McCoys. In 1878, Floyd Hatfield and Randolph McCoy had a heated disagreement over the ownership of a few pigs who had questioned Floyd Hatfield`s farm. Unable to resolve their dispute, they took the matter to a local justice of the peace, the preacher Anderson Hatfield. Since the testimonies were divided between the respective clans, the preacher Hatfield relied on the principle of “nine-tenths” when he decided that the pigs should remain with the part in Mr. Hatfield`s possession. Of course, the fact that the preacher shared a last name with Floyd could also have influenced his decision. The McCoy family was obviously not impressed by the preacher`s decision, as their feud with the Hatfields lasted until at least 1901 (and was briefly revived in 1979 during an appearance on the popular game show Family Feud). Common defense strategies for possession charges could be: Modern property laws stem from ancient Roman doctrines and were later introduced to the American colonies by the British. It is not surprising that historical notions of ownership have developed over time. This popular legal term is a phrase that means that property is easier to obtain when a person is in possession of something, and difficult to enforce when a person does not. Possession is nine-tenths of the law is a phrase that means ownership is easier to obtain if you own something, or difficult to enforce if you don`t.
The phrase is also given as “possession is ten points of the law”, which is derived from the Scottish phrase “possession is eleven points in the law, and they say there are only twelve”.  Although the principle is an oversimplification, it can be reformulated as follows: “In a property dispute (real or personal), in the absence of witness statements or clear and convincing documents to the contrary, it is presumed that the person who is actually in possession of the property is the rightful owner. The rightful owner is restored to his possession; when ingested or used. The shirt or blouse you`re wearing is probably yours, unless someone can prove it`s not. “ Implied possession means that you had immediate access to something (for example, under the seat or glove compartment of a car, or in your home). Although post-2002 rules make it difficult for squatters to acquire land, here are our top tips for protecting landowners from victims of successful adverse property claims: It is important to note that the phrase “property is nine-tenths of the law” is not literally true – it is a rule of violence and perhaps a truism of human nature. But it is not a law. No, there is no law that says possession accounts for 90% of all evidence in a particular case. In fact, there are countless people in the prison population who believed that this phrase was legally true.
However, you may be interested to know that there are California laws on adverse property that are quite close to this law. Possession is often an element of criminal charges related to drugs and/or weapons. But there is no criminal law that defines possession by the 9/10 rule. In criminal law, possession is either real possession or real possession. It is usually used in reference to being caught for committing a crime. If you are stopped by the police while carrying evidence such as drugs or weapons, people might say, “Possession is nine-tenths of the law,” believing that you have a 90% chance (because 9/10 (or “nine-tenths”) have a 90% chance of being charged and convicted of committing the crime. Conversely, criminals have often used this phrase to convince someone to commit a crime by explaining that if they hide or destroy evidence, there is a high probability of not being charged or convicted. But are these criminals really right? Or is this sentence completely wrong? Let`s find out more about this topic. For this reason (and many more!), property laws are complicated, even for lawyers and judges.
If you`re facing drug possession charges in the greater Denver area, it`s in your best interest to hire an experienced criminal defense attorney. In both cases, if the squatter feels that he has the required period of possession – and if this possession meets the conditions to make him truly disadvantageous – the squatter can apply to be registered as the owner of the property. The procedure for this differs depending on the set of rules used. In other words, it`s the assumption that if you have physical custody of something (possession), chances are better than average that it`s actually yours. So it`s important for people who care about property to understand how opposing property works – and if you own land, how you can avoid losing it. Some think that the phrase “possession is 9/10 of the law” comes from the old Scottish proverb that says: “Possession is eleven points in the law, and they say they are only twelve.” In summary, if owning property rarely harms your claim, it is far from final. If in doubt, call your lawyer. Possession and intent are frequent focal points in drug-related charges. For example, possession of a controlled substance with intent to sell or distribute these drugs is a serious crime, especially if these drugs are sold or distributed to minors. The popular phrase “possession equals nine-tenths of the law” reflects the requirement of de facto ownership of land.
To succeed in an action for counter-ownership, it must also be proved that the intention was to own the land to the exclusion of all others, including the landowner. In other words, if you do not intend to exclude everyone from the land to the extent possible, or if you own the land with the consent of the landowner, your adverse property claim may fail. Conflicting possession generally falls under the jurisdiction of the civil courts, not criminal matters. A person who simply owns something does not necessarily have a right to the object nine times greater than someone else. Negative ownership allows an intruder to obtain a legal right to someone else`s land. But they must prove that they have openly owned and used the property for a certain period of time (five years), and they must have paid taxes on it during that period.