The nature and justification of possessory title

Possession of a chattel is sufficient to create a title to it. This article considers the nature and justification of these titles. It argues that popular justifications of possessory title fall short and offers a more appealing justification. The article then seeks to resolve, in light of that justification, three ongoing doctrinal controversies about a possessory title’s nature: whether it continues to exist after possession of the chattel is lost; whether it is transferable; and whether it includes a right that others not interfere with a possessor’s use of the chattel.

Publication Details

Journal
London School of Economics and Political Science Research Online (London School of Economics and Political Science)
Published
2025-10-03
Primary Topic
Energy Law and Policy
Type
article
Field-Weighted Citation Impact
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article

The nature and justification of possessory title

London School of Economics and Political Science Research Online (London School of Economics and Political Science)
Energy Law and Policy
article

The nature and justification of possessory title

article en

Abstract

Possession of a chattel is sufficient to create a title to it. This article considers the nature and justification of these titles. It argues that popular justifications of possessory title fall short and offers a more appealing justification. The article then seeks to resolve, in light of that justification, three ongoing doctrinal controversies about a possessory title’s nature: whether it continues to exist after possession of the chattel is lost; whether it is transferable; and whether it includes a right that others not interfere with a possessor’s use of the chattel.

London School of Economics and Political Science Research Online (London School of Economics and Political Science)
Peace, Justice and strong institutions
Openalex Percentile: Top 32%
Energy Law and Policy
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The nature and justification of possessory title · London School of Economics and Political Science Research Online (London School of Economics and Political Science) (2025) | TGRS Research Map | TGRS