Legal Definitions - writ of possession

A writ of possession is a formal legal order issued by a court that compels an occupant to vacate a property, thereby allowing the rightful owner or party to take physical control and possession of that land or real estate. It is typically issued after a court has determined that one party has a legal right to possess the property and the current occupant does not.

• Example 1: Eviction of a Tenant

  Imagine a landlord who has successfully won an eviction lawsuit against a tenant who repeatedly failed to pay rent. Despite the court's ruling, the tenant refuses to move out. In this situation, the landlord would ask the court to issue a writ of possession. This writ would then be given to a sheriff or other law enforcement officer, authorizing them to physically remove the tenant and their belongings from the property, allowing the landlord to regain control of their rental unit.

• Example 2: Post-Foreclosure Occupancy

  Consider a scenario where a bank has foreclosed on a home because the homeowner defaulted on their mortgage payments. The property is sold at auction, but the previous homeowner refuses to leave the premises. The new owner (often the bank or an investor) would then need to obtain a writ of possession from the court. This writ empowers law enforcement to remove the former homeowner and any other occupants, ensuring the new legal owner can take physical control of the property.

• Example 3: Resolution of a Property Boundary Dispute

  Suppose two neighbors have a long-standing disagreement over a small section of land along their shared property line. After a lengthy legal battle, a court rules that one neighbor legally owns the disputed strip of land, and the other neighbor must cease using it and remove a fence they had built on it. If the losing neighbor refuses to comply with the court's order and continues to occupy or use the disputed land, the rightful owner can request a writ of possession. This writ would authorize authorities to ensure the rightful owner can physically occupy and use the land as determined by the court.