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Simple English definitions for legal terms
habere facias possessionem
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A quick definition of habere facias possessionem:
Term: HABERE FACIAS POSSESSIONEM
Definition: Habere facias possessionem is a legal term that means "that you cause to have possession." It refers to a writ that gives a successful plaintiff in an ejectment action the possession of the recovered land. If the sheriff delivers more than the person is entitled to, a writ of rehabere facias seisinam can compel the sheriff to return the excess. This term is often shortened to habere facias or hab. fa.
A more thorough explanation:
habere facias possessionem
Habere facias possessionem is a Latin term used in law that means "that you cause to have possession." It refers to a writ that gives a successful ejectment-action plaintiff the possession of the recovered land. The writ is often shortened to habere facias or hab. fa.
For example, if a person wins an ejectment lawsuit and is awarded possession of a piece of land, they can use a habere facias possessionem writ to gain legal possession of the land. If the sheriff delivers more land than the person is entitled to, a writ of rehabere facias seisinam can be used to compel the sheriff to return the excess land.
Another example is if a landlord successfully evicts a tenant and wants to take possession of the rental property. The landlord can use a habere facias possessionem writ to gain legal possession of the property.
These examples illustrate how habere facias possessionem is used in law to give a person legal possession of a piece of land or property after winning an ejectment lawsuit or eviction case.