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 ?
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.
The transfer of TBE property to a trust in which one spouse is given the sole power to control the trust property may destroy the unity of possession and terminate the TBE character of the property.
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 the case of tenancy or tenants by the entirety (TBE), there are six unities: 1) unity of possession (joint ownership and control); 2) unity of interest (the interests in the property must be identical); 3) unity of title (the interests must have originated in the same instrument); 4) unity of time (the interests must have commenced simultaneously); 5) survivorship; and 6) unity of marriage (the parties must be married at the time the property became titled in their joint names).
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.
Disjunctive ("OR") Accounts: Unity of Possession Not Violated
At first glance, this would appear to violate the unity of possession (or control) element that must exist in order to establish a TBE.

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