constructive possession

constructive possession
That possession which the law annexes to the title; sometimes called legal possession, or possession in law, to distinguish it from possession in deed or in fact, which actual occupancy gives. 42 Am J1st Prop § 42. As applied to a dissersor: -a claim of ownership under color of title to a tract of land of which only a part is in the actual possession of the claimant. 3 Am J2d Adv P § 18. By force a statute, payment of taxes, under color of title, is constructive possession of unimproved and uninclosed land. Such possession is constructive adverse possession as distinguished from actual adverse possession. Canaday v Miller, 102 Kan 577, 171 P 651.

Ballentine's law dictionary. . 1998.

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