Legal Definitions - possessory action

A possessory action is a legal proceeding initiated to regain or confirm the right to immediate physical control or occupation (possession) of property, rather than to definitively determine who holds ultimate ownership (title). These actions focus on the present or recent state of possession and are often used to resolve disputes where someone has been wrongfully dispossessed or is unlawfully occupying property.

Here are some examples to illustrate this concept:

• Example 1: Eviction of a Tenant

  Imagine a landlord whose tenant has stopped paying rent for several months. The landlord wants the tenant to vacate the apartment so they can rent it to someone else. The landlord initiates an eviction lawsuit.

  Explanation: This is a possessory action because the landlord is not disputing who owns the apartment (the landlord clearly does). Instead, they are seeking to recover immediate physical possession of the property from the tenant, whose right to possess it under the lease agreement has been terminated due to non-payment. The legal focus is on the right to occupy the premises, not the underlying ownership.

• Example 2: Recovery of Stolen Goods

  A person's valuable antique watch is stolen from their home. A few weeks later, they see someone wearing what appears to be their watch at a local market. They report it to the police, and a legal process is initiated to retrieve the watch.

  Explanation: This scenario involves a possessory action because the original owner is seeking to recover the physical possession of their specific item from the person who currently holds it. While the owner also has a claim of ownership, the immediate legal goal is to restore the owner's physical control and possession of the unique watch.

• Example 3: Removing an Encroaching Structure

  A homeowner discovers that their neighbor has built a new shed that extends several feet onto their property, according to their property survey. The homeowner wants the shed removed from their land.

  Explanation: This constitutes a possessory action because the homeowner is seeking to regain exclusive physical possession and control over the specific strip of land that the neighbor's shed now occupies. While the property lines (and thus ownership) are clear from the survey, the immediate legal dispute centers on the wrongful physical occupation and the homeowner's right to possess their entire parcel free from encroachment.