It is one thing to possess; it is another to be in possession.

Explanation

(English-origin maxim.) Possessing a thing in fact and having legal possession are distinct — one may physically hold a thing without having the legal right of possession, and vice versa.

Where this applies

• A tenant lives in an apartment and has physical possession of it, but the landlord holds legal possession through the lease.
• A bailee holds a friend's boat in his marina — he possesses it physically, but the legal right of possession stays with the friend.
• A bank holds gold in its vault for a depositor — the bank has the gold in hand, but the depositor has the legal right of possession.