Legal Definitions - possessorium

Possessorium refers to the legal right to possess property, which is distinct from the right of ownership. It also encompasses the legal actions or remedies available to protect or recover that physical possession.

The term possessorium refers to the legal concept of possession itself, distinct from outright ownership. It describes the factual control a person has over an item or property, and the legal rights and protections that arise from that control, even if they are not the ultimate owner.

In essence, possessorium focuses on who currently has physical custody or control, and the legal mechanisms available to protect that control against interference, often through a "possessory action." This type of legal action aims to restore or protect possession, without necessarily determining who holds the ultimate title or ownership.

Here are some examples to illustrate this concept:

• Rental Property: Imagine a tenant who rents an apartment. The landlord holds the legal title and owns the property, but the tenant has the possessorium – the legal right to possess and occupy the apartment for the duration of their lease. If the landlord tries to illegally evict the tenant by changing the locks without a proper court order, the tenant could initiate a possessory action to regain access, asserting their right to possession, even though they don't own the property. This action would focus on restoring their rightful possession, not on who owns the building.
• Borrowed Item: Consider a situation where you lend your expensive camera to a friend for a photography trip. While your friend is using the camera, a stranger attempts to snatch it from them. Even though your friend does not own the camera, they have possessorium – the legal right to possess it based on your permission. Your friend can legally defend their possession against the stranger, and if the camera were taken, they could potentially pursue a possessory action to recover it, asserting their right to control the item, separate from your ownership.
• Disputed Land Use: Suppose two neighbors, Ms. Chen and Mr. Davis, have a long-standing disagreement over a small garden shed located near their property line. Ms. Chen has been using and maintaining the shed for the past five years, believing it to be on her property. One day, Mr. Davis, claiming the shed is on his land, forcibly removes Ms. Chen's belongings and locks the shed. Ms. Chen could initiate a possessory action. This legal step would focus on her prior, continuous possession of the shed and seek to restore her control, without immediately resolving the complex question of who ultimately owns the small strip of land where the shed sits. The court would primarily consider who was in possession and whether that possession was wrongfully disturbed.