Legal Definitions - vis exturbativa

Vis exturbativa refers to the use of physical force to remove someone from the possession of property, especially when two parties are disputing who has the rightful claim to that property. It describes the act of forcibly ejecting another person who is currently occupying or holding something.

• Example 1: Disputed Land Boundary

  Two neighbors, Mr. Henderson and Ms. Rodriguez, have a long-standing disagreement over the exact boundary line between their properties. One afternoon, Ms. Rodriguez begins clearing brush on a small strip of land she believes is hers. Mr. Henderson, asserting his ownership, physically pushes Ms. Rodriguez off the contested strip and then stands in her way to prevent her return, effectively using force to remove her from the disputed area.

  This situation illustrates vis exturbativa because Mr. Henderson employs physical force ("physically pushes Ms. Rodriguez") to dislodge Ms. Rodriguez from the land they are both claiming, thereby asserting his possession through forcible removal.

• Example 2: Contested Inheritance

  Following the passing of their grandmother, two cousins, David and Emily, both believe they are entitled to a specific antique family heirloom, a valuable pocket watch. While Emily is holding the watch, examining it, David suddenly snatches it from her hand and shoves her backward, declaring that it was always meant for him and attempting to leave with it.

  Here, David's actions of "snatches it from her hand and shoves her backward" constitute vis exturbativa. He is using force to remove Emily from the physical possession of an item that both parties are contending for, asserting his claim through a forceful act of dispossession.

• Example 3: Shared Business Asset

  Two business partners, Sarah and Tom, are in the process of dissolving their company, but they disagree on who gets to keep a particular company-owned delivery van. One morning, as Sarah attempts to get into the van to use it for a personal errand, Tom physically blocks her path, shoves her away from the driver's side door, and then quickly gets into the van himself, driving off while she is still trying to regain her footing.

  Tom's act of "physically blocks her path, shoves her away from the driver's side door" demonstrates vis exturbativa. He is using force to prevent Sarah from possessing and using the van, which is a disputed asset between the two partners, and to establish his own physical control over it.