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Possession
Possession is the actual control that a person exercises over a thing as if he were the owner.
In Dutch civil law, possession is defined as the power exercised by a person over a thing with the intention of holding it as owner. It is distinguished from holding, whereby a person controls a thing on behalf of another. Possession is relevant to questions of title, acquisitive prescription and protection against interference.
In practice, possession features in disputes concerning immovable property or movable goods, for instance in cases of theft or eviction. The possessor enjoys protection under Article 3:107 of the Dutch Civil Code and may, subject to certain conditions, acquire ownership by prescription.
For practitioners, it is essential to determine whether possession or mere holding is involved, as this governs the applicable legal consequences.
“The lessee has no possession of the leased premises but merely holds them for the lessor.”
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