Animus possidendi:

Animus possidend or the subjective element in possession is the intend to appropriate to oneself the exclusive use of the thing possessed. The animus possidendi is the witting intention of the individual to exclude other from the control of an object. There are certain aspects of animus possidendi which have to be considered.

1. animus possidendi is not necessarily a arrogate of right. It may be consciously unlawful . The thief has possession no less real than that of the true owner.
   
   
2. The claim of the possessor need to be exclusive . He must aim to exclude other person from the use of the thing possessed. A mere intend or claim of use can not amount to the possession or the material thing itself. However the exclusion need not be absolute . Anyone may posses his land notwithstanding the fact that some other body or the public at large posses a right of way over it. Subject to this right of way , the animus possidendi is still a claim to the exclusive use or control of the land.
   
   
3. The animus domini need not amount to a claim or intent to use the as owner . A tenant or borrower may have possession. Any degree or form of intended use or control , however limited in level or in duration, may , if exclusive for the time being , be sufficient to constitute possession. The animus possidendi need not be a claim to the use of the thing at all as in the case of a pledge or a bailee with a lien. 
   
   
4. The animus possidendi need not be a claim on one's own behalf. A servant , agent or trustee , may have true possession though the claims exclusive role or control of the thing on behalf of another.
   
   
5. The animus possidendi need not be determined but may be merely general . A general intention with respect to a class of things is sufficient (if coupled with the necessary physical relation) to confer possession of thee individual object belonging to that class even though their individual exercise is unknown . A fisherman is in possession of all the fish secured in his net. Similarly , I posses all the books in my library even though I may have forgotten the existence of many of them.