Simple English definitions for legal terms
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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.
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.