What is it called when you have title but the actual use is with someone else?

The situation where a person has title to a property but the actual use of that property is by another individual is known as constructive possession. Constructive possession refers to a legal concept in which a person is deemed to have possession of property even though they may not physically occupy or use it. This concept allows for effective ownership rights despite another party's use of the property.

In the context of title insurance and property law, it is crucial to understand that constructive possession can create complexities regarding rights and claims to a property. It means that while the titleholder retains legal rights to the property, someone else may exercise control or benefit from it, which can lead to potential disputes that must be resolved through legal channels.

The other terms mentioned do not accurately represent this situation. Adverse possession, for instance, involves a scenario where a person who does not hold legal title claims ownership through continuous and hostile use of the property over a statutory period. Legal possession generally refers to the lawful occupation of property, which is usually synonymous with actual possession, not title while someone else uses it. Occupancy rights reflect an agreement or arrangement allowing someone to inhabit or use the property, but they do not pertain to the concept of having title while another uses the property.