Unity of possession

UNITY OF POSSESSION. This term is used to designate the possession by one person of several estates or rights. For example, a right to an estate to which an easement is attached, or the dominant estate, and to an estate which an easement encumbers, or the servient estate, in such case the easement is extinguished. 3 Mason, Rep. 172; Poph. 166; Latch, 153; and vide Cro. Jac. 121. But a distinction has been made between a thing that has being by prescription, and one that has its being ex jure naturae; in the former case unity of possession will extinguish the easement; in the latter, for example, the case of a water course, the unity will not extinguish it. Poth. 166.
     2. By the civil code of Louisiana, art. 801, every servitude is extinguished, when the estate to which it is due, and the estate owing it, are united in the same hands. But it is necessary that the whole of the two estates should belong to the same proprietor; for if the owner of one estate only acquires the other in part or in common with another person, confusion does not take effect. Vide Merger.

References in periodicals archive ?
Most importantly for our purposes, however, joint tenancy and tenancy in common both entail "unity of possession", so that in both cases, all the tenants have "undivided rights to possession of the whole of the relevant property" as against everyone else.
(65) However, as mentioned above, this would not affect the shared exclusivity of their right of possession, as unity of possession applies equally to joint tenancies and tenancies in common.
Thus, when the married couple retains the power to control the trust by direction, revocation, or modification, the unity of possession is not terminated by the transfer of the TBE property to the trust.
In Hector Supply, the court was willing to accept the existence of a power of attorney, permitting one spouse to act with respect to the account as not being inconsistent with the unity of possession. This position as to the unity of possession was consistent with an earlier ruling in Hagerty v.
It is also not entirely clear what is required in order to satisfy the requirement of the unity of possession. Account agreements vary widely, and may or may not contain the requisite agency provisions, although the courts have been willing to find an agency relationship where one spouse is empowered to act individually with respect to the account.
1) Unity of possession (joint ownership and control);
* Disjunctive ("OR") Accounts: Unity of Possession Not Violated

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