Legal Definitions - intervertere possessionem

In Scots law, intervertere possessionem refers to the act of fundamentally changing the nature of one's possession of an item from a lawful or agreed-upon basis to an unlawful or unauthorized one.

It typically occurs when someone initially holds property legitimately, perhaps under a contract or agreement, but then performs an action that demonstrates an intent to treat the property as their own, contrary to the original terms. This alteration of the character of possession can transform what was once a lawful holding into a wrongful act, such as theft or embezzlement.

• Example 1: Rental Vehicle

  Imagine a person rents a car for a specified period, agreeing to return it by a certain date. Instead of returning the vehicle, they repaint it, replace the license plates, and attempt to sell it as if they were the rightful owner. In this scenario, their initial possession was lawful under the rental agreement. However, their actions of altering the car's appearance and attempting to sell it demonstrate a clear intent to treat the vehicle as their own, thereby intervertere possessionem – changing their lawful temporary possession into an unlawful assertion of ownership.

• Example 2: Consignment Goods

  Consider an artist who places several paintings with an art gallery for sale on consignment. The agreement states the gallery will display the art and receive a commission upon sale, returning any unsold pieces. If the gallery owner decides to take one of these paintings, hang it in their private residence, and refuse to acknowledge the artist's ownership or right to retrieve it, they have committed intervertere possessionem. Their initial possession was lawful for the purpose of sale, but by appropriating the painting for personal use and denying the artist's rights, they have altered the nature of their possession to an unlawful personal claim.

• Example 3: Borrowed Equipment

  A homeowner lends their neighbor a specialized gardening tool for a weekend project, expecting its return. Instead of returning the tool, the neighbor dismantles it, sells several of its components, and falsely claims that the homeowner had given it to them as a gift. The neighbor's initial possession of the tool was lawful, based on the loan agreement. However, by dismantling the tool, selling its parts, and asserting false ownership, the neighbor has fundamentally altered the nature of their possession from a temporary borrower to an unlawful possessor claiming ownership, thus illustrating intervertere possessionem.