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Rather, common law recognizes and rewards adverse possession as a form of undocumented ownership of neglected land (which becomes documented when it is challenged or registered by deed or survey or otherwise), suits for trespass or ejection from land against which deeded rights are grounds or defense.
Possession can be obtained by a one-sided act by which factual control is established. This can take the form of apprehension (taking an object not in someone's possession) or seizure (taking an object in someone's possession). It can also be obtained through a two-sided process of handing over the possession from one party to another.
In England and Wales, a Section 8 notice, [1] also known as a Section 8 notice to quit or Form 3, is a notice required to be given in England and Wales by the landlord to the tenant of an assured tenancy or assured shorthold tenancy who wishes to obtain a possession order from the court, thereby ending the tenancy, for a reason based on a circumstance entitling the landlord to possession under ...
In detinue sur trover, the defendant can be any individual in possession of the chattel who refuses to return it to the claimant. A defendant could be a finder or a thief or any innocent third party, and the claimant need only have a better right to possession. Early writs and forms of action were exceptionally narrow in scope.
Specific performance is often guaranteed through the remedy of a right of possession, giving the plaintiff the right to take possession of the property in dispute. [citation needed] As with all equitable remedies, orders of specific performance are discretionary, so their availability depends on their appropriateness in the circumstances.
Also, a demand letter will often generate a denial letter stating the basis for rejecting claim (such as when the incorrect entity is sued [4]), and is sometimes a good indication of what defenses will be raised if a suit is brought later. [5] Demand letters are sometimes used as a form of harassment and/or intimidation.