Legal Definitions - rehabere facias seisinam

Rehabere facias seisinam

This Latin legal term refers to a court order, known as a writ, that directs an official, such as a sheriff, to restore possession of real property (land and buildings) to someone who was previously dispossessed or wrongfully removed from it. It essentially means "that you cause to have again seisin," where "seisin" refers to the legal possession of freehold land.

This writ is issued after a court has determined that a party is legally entitled to regain possession of property they lost.

• Example 1: Illegal Eviction

  Imagine a situation where a property owner, Mr. Henderson, has a valid long-term lease for a commercial storefront. The landlord, without proper legal grounds or notice, changes the locks and prevents Mr. Henderson from accessing his business. Mr. Henderson takes the landlord to court and wins, proving he was illegally dispossessed.

  How it illustrates the term: The court would then issue a rehabere facias seisinam. This writ would command the sheriff to physically remove the landlord or anyone else occupying the storefront and restore Mr. Henderson to his rightful possession of the commercial property, allowing him to resume his business operations.

• Example 2: Reversal of a Foreclosure

  Consider a homeowner, Ms. Davies, who was foreclosed upon and evicted from her home due to an alleged default on her mortgage. Ms. Davies appeals the foreclosure, arguing that the bank made a significant error in their calculations and that she was not actually in default. An appellate court reviews the case and agrees with Ms. Davies, ruling that the original foreclosure was invalid.

  How it illustrates the term: In this scenario, the appellate court would issue a rehabere facias seisinam. This writ would direct the appropriate legal authority to ensure Ms. Davies is returned to possession of her home, effectively reversing the wrongful eviction and restoring her legal "seisin" of the property.

• Example 3: Boundary Encroachment Dispute

  Suppose two neighbors, the Millers and the Johnsons, have a dispute over a narrow strip of land between their properties. The Johnsons, believing the land is theirs, erect a shed that encroaches significantly onto what the Millers claim is their property. The Millers sue to establish their property line and regain possession of the encroached land. The court rules in favor of the Millers, confirming their ownership of the disputed strip.

  How it illustrates the term: The court would issue a rehabere facias seisinam. This writ would empower the sheriff to ensure the Johnsons remove their shed and any other belongings from the Millers' rightful property, thereby restoring the Millers to full possession (seisin) of their land, including the previously encroached strip.