actual possession
The physical occupancy or control of property by someone.Contrast with constructive possession in which the law assumes possession because of legal rights to the property.
Example: One who has a deed to 40 acres of land, but uses only 1 acre for a house and yard, is said to have actual possession of 1 acre and constructive possession of the other 39 acres.
actual possession - (law) immediate and direct physical control over property