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We have all heard the “possession is nine-tenths that the law,” however is that true? The expression most likely originated v an old Scottish proverb the “possession is eleven points in the law, and they speak they are but twelve.” In America, the principle was applied to decide very early dispute in the famous feud in between the Hatfields and also McCoys. In 1878, Floyd Hatfield and Randolph McCoy had actually a heated disagreement over the ownership of some pigs that had actually wondered onto Floyd Hatfield’s farm. Can not to settle their dispute, they carried the matter prior to a regional justice of the peace, Preacher Anderson Hatfield. V the testimony divided in between the particular clans, Preacher Hatfield relied top top the “nine-tenths” principle when he ruled the the hogs should stay with the party in possession, Mr. Hatfield. The course, the reality the Preacher shared a last name with Floyd might have also influenced his decision. The McCoy family members was obviously no impressed by the Preacher’s decision, as their feud with the Hatfields ongoing until at the very least 1901 (and was briefly restored during a 1979 appearance on the famous game present Family Feud).

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While modern-day courts perform not formally observe the “nine-tenths of the law” principle, possession still matters today. In 1998, a Texas court identified the “nine-tenths” principle however made clear that possession is merely component of a “hierarchy of title.” In re Garza, 984 S.W.2d 344 (Tex. App.–Amarillo 1998). The Garza court discovered that when possession (in that instance of a engine vehicle) trumps the insurance claim of a party who has neither record title no one possession, mere possession is low grade to the claims of a party having record title to the property.

The importance of possession on claims to building is still reflected in at the very least a pair of legit doctrines. The theory of “adverse possession” awards legal location to real home to a party that has actually continuously occupied land regardless of title to that residential or commercial property being held by an additional party.

The duration for which an disadvantage possessor need to occupy real property varies native state to state. Possession is also important come the “rule that capture.” Historically, this rule used to offer ownership that game animals to the very first person to catch the animal. In much more recent times, the has applied to provide title to natural resources, like oil and also gas, to the an initial person to take it possession that the resource.

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In conclusion, while having actually possession of property rarely damages your claim, that is far from definitive. As soon as in doubt, call your lawyer.