Introductory principles to property;
1. A legal determination that a person owns personal property is difficult to
make because proof of ownership of personal property is often not
evidenced by writing. As a result, the law puts a great weight on the
observable fact of possession;
2. To say that a person has “possession” of personal property is to state
either an observable fact or a legal conclusion or both. A person can be
deemed to have possession of the property as an observable fact. To
conclude that a person is entitled to possession of personal property does
not necessarily mean that the person has title to or owns the property;
3. Title, as all property rights, is a relative concept. A person may have
“title” to property as against one person but not another;
4. If it is determined that a person is entitled to the legal possession of
personal property, that person has the right to:
a) Continue the possession against everyone except those persons,
if any, who have a better right to the property;
b) Recover the property if it is wrongfully taken; and
c) Recover damages to the property against a wrongdoer;