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In tort law, detinue (/ ˈ d ɛ t ɪ ˌ nj uː / [1]) is an action to recover for the wrongful taking of personal property.It is initiated by an individual who claims to have a greater right to their immediate possession than the current possessor.
Replevin actions may also be pursued by true owners of property, e.g., consignors seeking return of consigned property that the party in possession will not relinquish for one reason or another. Replevin is an action of civil law, not criminal law.
Bahio amovendo, a writ to remove a bailiff from his office for want of sufficient land in his bailiwick. [1]Beaupleader [3]; Besayle is a writ directed to the sheriff, in case of an abatement or disseisin, to summon a jury to view the land in question, and to recognise whether the great grandfather died seised of the premises, and whether the demandant be his next heir.
In the same way, the passage of time can bring to an end the owner's right to recover exclusive possession of a property without losing the ownership of it, as when an adverse easement for use is granted by a court. In civil law countries, possession is not a right but a (legal) fact, which enjoys certain protection by the law.
In order to execute a money judgment against personal property, such as vehicles, furniture, clothing, jewelry, equipment, appliances, and the like, the creditor must obtain what is called a "writ of fieri facias" (often abbreviated to "fi fa"). Whenever a monetary judgment is issued by a Virginia court, the clerk of the court will ...
Also, if the rental company missed payments to the lienholder, the lienholder could also repossess the vehicle from the person having possession. I purchase a pen at a store. I have all three attributes (possession, right of possession and right of property). If I loan the pen to someone, they have only possession.
A writ of execution (also known as an execution) is a court order granted to put in force a judgment of possession obtained by a plaintiff from a court. [1] When issuing a writ of execution, a court typically will order a sheriff or other similar official to take possession of property owned by a judgment debtor .
Adverse possession in common law, and the related civil law concept of usucaption (also acquisitive prescription or prescriptive acquisition), are legal mechanisms under which a person who does not have legal title to a piece of property, usually real property, may acquire legal ownership based on continuous possession or occupation without the permission of its legal owner.