Constructive possession is a legal fiction to describe a situation where an individual has actual control over chattels or real property without actually having physical control of the same assets. At law, a person with constructive possession stands in the same legal position as a person with actual possession. In the common law, legal fictions are suppositions of fact taken to be true by the courts of law, but which are not necessarily true. ... Personal property is a type of property. ... Real property is a legal term encompassing real estate and ownership interests in real estate (immovable property). ...

For example, if your car is sitting in your driveway, you have physical possession of the car. However, any person with the key has constructive possession, as they may take physical possession at any time without further consent from you. Consent (as a term of jurisprudence) is a possible justification against civil or criminal liability. ...

Constructive possession is an important concept in both the criminal law regarding theft and embezzlement, and the civil law regarding possession of land and chattels. For example, if someone steals your credit card number, the actual credit card never leaves your actual possession, but the person who has stolen it does have constructive possession, and could most likely be charged with theft. Criminal law (also known as penal law) is the body of common law that punishes criminals for committing offences against the state. ... Everyday instance of theft: the bike which fits on this wheel has disappeared In the criminal law, theft (also known as stealing) is the wrongful taking of someone elses property without that persons freely-given consent. ... Civil law has at least three meanings. ... Possession is having some degree of control over something else. ...

Constructive possession is also an important concept in cases of seizure of goods by private or government authorities. Take, for example, a large piece of equipment. Should money be loaned against the value of the equipment, and the loan goes into default, the creditor may find it difficult to actually remove the equipment in a timely manner. However, it may by notice to the borrower take constructive possession, which effectively prevents the borrower from further using the equipment pending its removal. Similarly, when a landlord exercises a contractual remedy of distress of goods for unpaid rent, the landlord need not remove the goods from the premises, but may take constructive possession of the goods through a simple declaration. At that point, if the tenant attempted to remove them, the tenant would be guilty of theft. This article is about the medical term, epileptic seizure, as distinct from psychogenic non-epileptic seizure. ... This is a disambiguation page — a navigational aid which lists other pages that might otherwise share the same title. ... Minge. ... A declaration is a form of statement, which expresses (or declares) some idea; declarations attempt to argue that something is true. ...

However, a person who makes it impossible for you to take possession of your property has taken actual possession, not constructive possession. For example, if someone chains your car to an immovable object, they have taken possession of it even though they have not moved it.