Understanding ownership and possession in Scottish law: distinguishing chalk from cheese.

Odusanya, Temitope Omotola

Abstract

Ownership and possession are legal concepts that can be aptly compared to the popular idiom "like chalk and cheese," suggesting that these terms are not synonymous rather, they are wholly different from each other. This set phrase therefore highlights the fact that ownership and possession are fundamentally dissimilar. To elaborate, the comparison with chalk and cheese is as distinctive as night is from the day. Chalk, normally inedible and dry, contrasts sharply with cheese, which is both edible and creamy. Similarly, while ownership and possession may appear prima facie as twins, they are distinct legal notions. In Scotland, ownership refers to the full legal right to own property, whereas possession pertains to the physical control or occupation of said property. This introduction sets the stage for a detailed examination of these concepts, illustrating their differences and implications in Scottish law.

Citation

ODUSANYA, T.O. 2025. Understanding ownership and possession in Scottish law: distinguishing chalk from cheese. Scots law times [online], 2025(4), pages 29-35. Available from: http://legalresearch.westlaw.co.uk/

• Journal Article Type: Article
• Acceptance Date: Feb 6, 2025
• Online Publication Date: Feb 6, 2025
• Publication Date: Feb 7, 2025
• Deposit Date: Feb 10, 2025
• Publicly Available Date: Feb 7, 2026
• Journal: Scots law times
• Print ISSN: 0036-908X
• Electronic ISSN: 2754-222X
• Publisher: Sweet and Maxwell
• Peer Reviewed: Peer Reviewed
• Volume: 2025
• Issue: 4
• Pages: 29-35
• Keywords: Interpretation; Ownership; Possession; Scotland
• Public URL: https://rgu-repository.worktribe.com/output/2701724
• Publisher URL: https://uk.westlaw.com