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constructive possession

constructive possession

9.8
Power and intent to control an item you do not physically hold
  • noun
  • /kənˈstrʌktɪv pəˈzɛʃən/
  • Formal
translation icon : posesión constructiva
  • The court ruled that the defendant had constructive possession of the stolen goods, despite never having them in his physical control.

Examples

  • Her lease agreement gave her constructive possession of the apartment even before she moved in.

  • In many jurisdictions, constructive possession means someone can be considered to possess an item if they have the legal right to control it.

  • This case provides a succinct review of 10th Circuit law regarding constructive possession.

    Blog text (9)

Antonyms

1 8.2

Direct physical control of a thing, for example holding it

Surface Forms

Morphology

constructive + possession

This is a legal term where 'constructive' has a specialist sense of 'deemed or imputed by law' rather than the everyday meaning ('helpful' or 'building'), so the phrase denotes possession without physical control. An average B1 learner who knows the common senses of 'constructive' and 'possession' would not reliably derive this legal meaning, making the expression effectively opaque.

Etymology

Constructive possession, where constructive means 'made by law' and possession means 'having', paints a simple picture: an item can sit in your room or car and you can reach or control it even if you are not holding it. So, the law treats that situation as 'possession', which is why the term means having the power and intention to control something without physically holding it.