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Illegal trespassing charge but why?

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Dillon

Senior Member
you might want to go back and read that again because neither statement is correct.
one does not knowingly have constructive possession of a thing if one does not have title to actual possession, correct?

if one does not have title to actual possession or actual possession its just abandoned property, Right?
 


justalayman

Senior Member
=Dillon;2644964]one does not knowingly have constructive possession of a thing if one does not have title to actual possession, correct?
no, not correct

if one does not have title to actual possession or actual possession its just abandoned property, Right?
no

title is not required for either constructive possession or actual possession.
 

Dillon

Senior Member
no, not correct


title is not required for either constructive possession or actual possession.
yes, its correct according to Bouvier's 1856 and black's 2nd law dictionaries


Bouvier's 1856 Law Dictionary is the prefered law dictionary used by the US supreme court.
 
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justalayman

Senior Member
yes, its correct according to bouvirer's 1956 and black's 2nd law dictionaries


Bouvirer's 1956 Law Dictionary is the prefered law dictionary used by the US supreme court.
Really? I thought maybe Bouvier's 1956 Law dictionary. Can't say I've heard of Bouvirer's Law Dictionary. Is that some attempt to copy Bouvier's?


Title represents ownership. Ownership is not required for one to be considered to have possession, either actual or constructive. If you have some proof otherwise, link the actual proof rather than your claimed and paraphrased statements.
 

Dillon

Senior Member
Really? I thought maybe Bouvier's 1956 Law dictionary. Can't say I've heard of Bouvirer's Law Dictionary. Is that some attempt to copy Bouvier's?

Title represents ownership. Ownership is not required for one to be considered to have possession, either actual or constructive. If you have some proof otherwise, link the actual proof rather than your claimed and paraphrased statements.
thanx for the spell check, i mean 1856 Bouvier's not 1956, if you noticed i corrected the info.

here are other interesting points:

one cant have constructive possession of a thing without someone having given them authority to use their actual possession of the thing.

if i have legal constructive possession of weed who has given me their lawful authority to use their actual possession of weed?


does the STATE have actual possession of all weed?

does the organic State have actual possession of all the weed on their land with the STATE having constructive possession of the weed?

what do you think?
 
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Dillon

Senior Member
Title represents ownership. Ownership is not required for one to be considered to have possession, either actual or constructive. If you have some proof otherwise, link the actual proof rather than your claimed and paraphrased statements.
if title represent ownership, does a certificate of title represent constructive possession of a thing?

i dont have title to my toaster, is it my actual or constructive possession?

by the way exclusive ownership means actual possession.

is a bill of sale or a title, a better proof of actual possession of a thing?

if one has a title to a thing, is that proof that one has constructive possession of a thing unless they also have a bill of sale from the previous exclusive owner of the thing?
 
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justalayman

Senior Member
=Dillon;2645056]if title represent ownership, does a certificate of title represent constructive possession of a thing?
for some reason you continue to confuse ownership (title) and possession.

You go and figure it out.
 

Dillon

Senior Member
for some reason you continue to confuse ownership (title) and possession.
Humbly, i do understand exclusive ownership and constructive possession, do you?

sorry, if you are confused and dont understand the Title laws.

Equitable title versus legal title

The equitable title refers to the use of a property, whereas a legal title implies actual ownership. An example of such is a trust. In a trust, one person may own the legal title, such as the trustees. Another may own the equitable title such as the beneficiary.


The proof of legal ownership for a vehicle is the Manufacturer's Certificate of Origin (MCO) or the Manufacturer's Statement of Origin (MSO) also know as the Legal Title.

The proof of equitable ownership for a vehicle is the title certificate, also know as the Equitable Title or in some States the certificate of title.

Generally, the Bill of Sale is Proof of Legal Ownership/actual possession and is also Legal Title to the vehicle.

The acceptable proof for constructive ownership/constructive possession of the vehicle is the (Equitable Title) which is the title certificate from any STATE.

The Legal Title is the bill of sale and/or the MCO/MSO for proof of actual ownership/possession.


All States hold Legal Title to our vehicles and we hold Equitable Title unless we hold the Bill or Sale and the MSO/MCO.

if the STATE holds legal title to most of our cars, maybe thats how one's car can be towed without the police needing a warrant, You Think?

...
 
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justalayman

Senior Member
E=Dillon;2645821]i understand exclusive ownership and constructive possession, do you?

sorry, if you are confused and dont understand the Title laws.

Equitable title versus legal title

The equitable title refers to the use of a property, whereas a legal title implies actual ownership. An example of such is a trust. In a trust, one person may own the legal title, such as the trustees. Another may own the equitable title such as the beneficiary.


The proof of legal ownership for a vehicle is the Manufacturer's Certificate of Origin (MCO) or the Manufacturer's Statement of Origin (MSO) also know as the Legal Title.

The proof of equitable ownership for a vehicle is the title certificate, also know as the Equitable Title or in some States the certificate of title.

The Bill of Sale is Proof of Legal Ownership/actual possession and is alsol Legal Title to the vehicle.

The acceptable proof for constructive ownership/possession is the (Equitable Title) which is the title certificate from any STATE.

The (Legal Title) a.k.a. the bill of sale and/or the MCO/MSO for actual ownership.


All States hold Legal Title to our vehicles and we hold Equitable Title unless we hold the Bill or Sale and the MSO/MCO.
if the STATE holds legal title to our cars, maybe thats how one's car can be towed without the police needing a warrant, You Think?
]

your ignorance just continues to amaze me. Just when I think you can't present anything any more ridiculous, you prove me wrong and post more ridiculous statements.
 

Dillon

Senior Member
]

you prove me wrong and post more ridiculous statements.
do your homework, its my understanding im correct !


If you don't like my attitude, tough. I never told you I was going to coddle you.

If you don't like the FREE advice, don't take it.

If you listen, you will know more when you leave here than when you came here.


LOL
 

BOR

Senior Member
thanx for the spell check, i mean 1856 Bouvier's not 1956, if you noticed i corrected the info.
Law dictionaries are supplemental legal material in nature, period. Sure, some entries may cite case law from a jurisdiction, and at times the US SC, that is not really substantial to a particular state's case law.

The SC may say such and such can be considered actual or constructive possession, but a state may not.

State penal laws are not universal, and a definition of a term/phrase in one state may be totally different than another state.
 

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