Possessory Action

Author:Jeffrey Lehman, Shirelle Phelps

Page 42

A proceeding instituted to obtain or recover the actual possession of property, as distinguished from a proceeding that merely seeks to establish the plaintiff's title or ownership of property.

In ADMIRALTY LAW, a possessory action is one that is brought to recover the possession of a vessel that is had under a claim of title.

For example, an eviction proceeding is a possessory action to regain control of the property from a tenant.

Under old ENGLISH LAW, a possessory action was used to regain possession of the freehold, of which the plaintiff or the...

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