- Occupancy and exercise of dominion over property. 42 Am J2d Prop § 42. The exercise of dominion over land, even without a residence thereon. Morrison v Kelly, 22 Ill 610. A holding of land legally by one's self or through another, such as a lessee, under title, estate, or interest of any kind. Whithed v St. Anthony & Dakota Elevator Co. 9 ND 224, 83 NW 238. Respecting real property, possession involves exclusive dominion and control such as owners of like property usually exercise over it. The existence of such possession is largely a question of fact depend- ent on the nature of the property and the surrounding circumstances. 35 Am J2d Forc E & D § 20. To constitute possession, within the meaning of a reconveyance act requiring a tax title holder, in order to preserve his interest against redemption, to take possession or institute a proceeding to secure possession within the time provided, the land must be appropriated to the individual use in such a manner as to apprise the community that it is in the exclusive use and enjoyment of the person so appropriating it. Pickens v Adams, 7 Ill 2d 283, 131 NE2d 38, 56 ALR2d 605. What amounts to possession and what to mere custody in the law of larceny cannot be determined according to any settled formula, but the question in any particular case must depend largely upon the capacity in which the accused was given access to or dominion over the property taken, and upon the powers or duties which the owner gave or imposed upon him with respect thereto. For example, one to whom property is delivered by the owner for some limited, special, or temporary purpose may be regarded as having its custody only, and as capable of committing larceny thereof. Hence, if the owner gives property to another to take to the owner's house, and such other person wrongfully sells it, he is guilty of larceny, although he conceived the intent and purpose so to dispose of it after he had received it. 32 Am J1st Larc § 56.
Ballentine's law dictionary. Anderson, W.S.. 1998.