Legal Definitions - writ of entry

A writ of entry is a formal legal order issued by a court that allows an individual who has been unlawfully removed from, or has otherwise lost rightful possession of, their real estate (such as land or a building) to legally re-enter and reclaim that property. It serves as a judicial mechanism to restore possession to the rightful owner when they have been wrongfully kept out.

Here are some examples illustrating how a writ of entry might apply:

• Example 1: Wrongful Eviction by a Landlord

  Imagine Sarah rents an apartment. Her landlord, without following proper legal procedures or obtaining a court order, changes the locks and prevents Sarah from accessing her home, claiming she violated a minor lease term. Sarah believes she has been wrongfully dispossessed of her real property (the apartment). She could petition the court for a writ of entry, which, if granted, would legally compel the landlord to allow her to re-enter and resume possession of her apartment.

  This illustrates the term because Sarah, the rightful occupant, was unlawfully removed from her real property, and the writ would provide the legal means for her to re-enter and retake possession.

• Example 2: Neighbor Encroachment

  Consider David, who owns a plot of land. His neighbor, Mark, mistakenly or intentionally builds a new fence that extends several feet onto David's property, effectively taking possession of that strip of David's land. David tries to resolve the issue amicably, but Mark refuses to move the fence. David could seek a writ of entry to legally reclaim the portion of his land that Mark has wrongfully occupied, allowing him to remove the encroaching fence and re-establish his full property boundaries.

  This example demonstrates the writ's application where a portion of real property has been wrongfully taken possession of by another party, and the writ would restore David's rightful entry and control over his land.

• Example 3: Illegal Occupation by Squatters

  Suppose Maria owns a vacant commercial building that she plans to renovate. While the building is empty, a group of squatters moves in and establishes residence, refusing to leave when Maria discovers them. Maria has been wrongfully dispossessed of her real property (the building) by unauthorized occupants. She could apply for a writ of entry to obtain a court order that legally authorizes her to re-enter the building and remove the squatters, thereby reclaiming possession of her property.

  This scenario highlights the use of a writ of entry when an owner is prevented from accessing and controlling their real property due to the unlawful occupation by others, and the writ provides the legal authority to re-enter and retake possession.