The nature and justification of possessory title

Waghorn, A.ORCID logo (2025). The nature and justification of possessory title. Cambridge Law Journal, 84(2), 431 - 457. https://doi.org/10.1017/S0008197325100871
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Possession of a chattel is sufficient to create a title to it. This article considers the nature and justification of these titles. It argues that popular justifications of possessory title fall short and offers a more appealing justification. The article then seeks to resolve, in light of that justification, three ongoing doctrinal controversies about a possessory title’s nature: whether it continues to exist after possession of the chattel is lost; whether it is transferable; and whether it includes a right that others not interfere with a possessor’s use of the chattel.

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