Part III attempts to clarify the seemingly straightforward idea of actual possession. Many cases where courts see "constructive possession" are in fact cases of "actual possession." Courts confuse past actual possession with constructive possession as a result of construing "actual possession" too narrowly.

Lesi thereafter took actual possession of the property.

[begin strikethrough]A person has actual possession of an item when he or she is aware of the presence of the item and [either] has physical control over the item [or the item is so close as to be within ready reach and is under the control of the person].[end strikethrough]

The estate tax is based on the laws in force at the time of death notwithstanding the postponement of the actual possession or enjoyment of the estate by the beneficiary.

Pursuant to article 1125 Civil Code, in addition to the actual possession exercised over the successional patrimony, the seizin gives to seizin heirs, the right to administrate this heritage and to exercise the rights and actions of the deceased.

The full picture of human nature, as Kostelecky maintains, can properly be understood only when man and God are seen in their natural/supematural relationship of being and operation, for, as Thomas asserts, "a thing's natural aptitude for operation follows upon its actual possession of a certain kind of nature." Kostelecky's work is a thought provoking, informed, and clear reading of this great Summa.--Herbert Hartmann, The Catholic University of America

The court focused upon the distinction between the acquisition of title by adverse possession and the acquisition of a prescriptive right, in which the essential element is the use of the privilege without actual possession.

An adverse possessor might have actual possession of only a certain portion, such as a fenced-in area adjacent to the property line (10) or a campsite gradually constructed in an uncultivated area, (11) leaving the remainder to the original owner.

These proceedings are generally referred to as 'retrieval' proceedings and from the mortgagee's perspective are usually based on proving ownership of the aircraft (as mortgagee, such as a right to repossess following default under the mortgage or the facility secured by such mortgage, whereby they are the ultimate owner of the aircraft and entitled to possession over that of another party who is in actual possession of the aircraft).

Or, again in the Middle East, there has been the blind eye endlessly turned to Israel's actual possession of nuclear weapons, in contrast to the response to Iran's possible early moves in that direction.

Florida is among 16 states (Alabama, Arkansas, Florida, Indiana, Iowa, Kansas, Kentucky, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, Oklahoma, South Carolina, Tennessee and Texas) using the 2002 amendment to UCC section 3-309, simplifying the proof to enforce the instrument, requiring only proof that each transferor was entitled to enforce the instrument when loss of possession occurred, without requiring actual possession. (The remaining states, except for New York, require a foreclosing party to show that it was in possession of the note at the time it was lost.

Banks and other lenders have an incentive to avoid foreclosure when the process results in their taking actual possession of property.