Which kind of possession is defined by legal ownership rather than physical possession?

The concept of constructive possession is critical in understanding legal ownership in property law. Constructive possession is established when a person has legal rights to a property, despite not having physical custody or control of it. This legal concept enables individuals to claim ownership rights due to their relationship with the property or their legal entitlements, even if they are not physically present or actively controlling the property at that moment.

For example, a landowner might have constructive possession of a plot of land even if they are not currently on the land, as their title or deed provides them with ownership rights that extend to that property. This principle often applies in situations involving leases or scenarios where the actual physical possession is undertaken by another party, such as a tenant acting on behalf of the owner.

In contrast, the other types of possession—commendatory, conductory, and corporeal—focus on varying degrees or characteristics of physical possession or the nuances of rights associated directly with physical control. They do not emphasize the aspect of legal ownership without physical control, which is central to the understanding of constructive possession.