animus possidendi

Possession in law has two elements: corpus possessionis (physical control) and animus possidendi (the intention to exercise that control exclusively). Salmond explains the animus as an intention to exclude others, not necessarily to own: a thief has it, though he knows he is not the owner.

The intention can be general (to possess whatever is in my letterbox) and need not be conscious of every object. It is inferred from conduct. In adverse possession, the claimant must prove an animus to possess against the owner, openly and hostilely. In criminal law, conscious possession is required for offences such as possession of narcotics.

Example

The bank had animus possidendi over everything inside its locked vault, so it already possessed the envelope that a cleaner later found there.

See also

animus domini · possession · adverse possession · ownership

Read more in the study notes

• Prescription, adverse possession and extinguishment of title (sections 25 to 27) (Civil Procedure Code and Limitation Act)
• Possession: corpus and animus, kinds and possessory remedies (Jurisprudence)
• Possession: the idea, Roman and English law, and the theories (Legal Concepts)
• Possession in Indian and British courts, and adverse possession (Legal Concepts)