Question

Possession of land by one and easement right enjoyed by another is an example of which type of possession.

• A. Derivative possession
• B. Concurrent possession
• C. Adverse possession
• D. Constructive possession

Hint:

Concurrent possession exists because legal theory allows the coexistence of corporeal possession (physical land) and incorporeal possession (rights like easements or pledges) over the same object.

Answer 1

The Correct Option is B

Step 1: Understanding the Question:
The question asks us to identify the type of possession represented when one person possesses land and another holds an easement right over that same land.

Step 2: Key Concepts and Approach:
We must examine the jurisprudential concepts of duplicate or concurrent possession.
We need to understand how two non-exclusive rights can exist over the same object simultaneously.

Step 3: Detailed Explanation:

• Concurrent Possession: Also known as duplicate possession, concurrent possession occurs when two or more persons possess the same thing at the same time in different rights.

• Corporeal vs. Incorporeal: The person who owns and occupies the land has corporeal possession of the physical land. The person who enjoys a right of way (easement) over that land has incorporeal possession of the easement.

• Compatibility: Because these two rights are compatible and do not exclude each other, both parties possess their respective rights concurrently.

• Derivative Possession: This occurs when a bailee or tenant holds possession derived from the owner, which is not the case for an easement holder.

Step 4: Final Answer:
This scenario is an example of concurrent possession. Thus, Option B is correct.