Possession is nine-tenths of the law is an
expression
Expression may refer to:
Linguistics
* Expression (linguistics), a word, phrase, or sentence
* Fixed expression, a form of words with a specific meaning
* Idiom, a type of fixed expression
* Metaphorical expression, a particular word, phrase, o ...
meaning that ownership is easier to maintain if one has possession of something, or difficult to enforce if one does not. The expression is also stated as "possession is ten points of the law", which is credited as derived from the Scottish expression "possession is eleven points in the law, and they say there are but twelve."
Although the principle is an
oversimplification
The fallacy of the single cause, also known as complex cause, causal oversimplification, causal reductionism, and reduction fallacy, is an informal fallacy of questionable cause that occurs when it is assumed that there is a single, simple cause of ...
, it can be restated as: "In a property dispute (whether real or personal), in the absence of clear and compelling testimony or documentation to the contrary, the person in actual, custodial possession of the property is presumed to be the rightful owner. The rightful owner shall have their possession returned to them; if taken or used. The shirt or blouse you are currently wearing is presumed to be yours, unless someone can prove that it is not."
Analysis
The adage is not literally true, that by law the person in possession is presumed to have a nine times stronger claim than anyone else, but that "it places in a strong light the legal truth that every claimant must succeed by the strength of his own title, and not by the weakness of his antagonist's." The principle bears some similarity to ''
uti possidetis
''Uti possidetis'' is an expression that originated in Roman private law, where it was the name of a procedure used in litigation about land. It came from a praetorial edict that could be abbreviated "As you possess, so shall you possess". La ...
'' ("as you possess, so may you continue to possess"), which currently refers to the doctrine that colonial administrative boundaries become international boundaries when a political subdivision or colony achieves independence. Under Roman law, it was an