Why possessing land is not the same as owning it

Possession is a very important term in property litigation, for it is a legal medium that scrutinises the title of ownership. It is a general principle of law that he who possesses is presumed to be the owner of the thing held by him – be it an immovable or movable property. Presumptions at law are very peculiar – a presumption is an establishment of a fact that is automatic and which may be made without the aid of proof. In many cases, presumptions are rebuttable, meaning they may be contested by means of evidence to the contrary. But presumptions hold an important role at law, for they set a fixed starting point from which one can depart. Article 525(1) of the Civil Code presumes that a person possessing a thing is deemed to possess it on his own behalf and by virtue of a right of ownership. This legal institute and presumption exists independently of the formal legal titles. That is, the starting point of the law is that someone who possesses something does not possess it on behalf of someone else. Likewise, the law presumes that where there is possession there is ownership. But these are both rebuttable presumptions, because there may be circumstances where possession – the...