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Replevin actions may also be pursued by true owners of property, e.g., consignors seeking return of consigned property that the party in possession will not relinquish for one reason or another. Replevin is an action of civil law, not criminal law.
A writ of assistance is a written order (a writ) issued by a court instructing a law enforcement official, such as a sheriff or a tax collector, to perform a certain task. Historically, several types of writs have been called "writs of assistance". [1] Most often, a writ of assistance is "used to enforce an order for the possession of lands". [2]
In the same way, the passage of time can bring to an end the owner's right to recover exclusive possession of a property without losing the ownership of it, as when an adverse easement for use is granted by a court. In civil law countries, possession is not a right but a (legal) fact, which enjoys certain protection by the law.
Ejectment is a common law term for civil action to recover the possession of or title to land. [1] It replaced the old real actions and the various possessory assizes (denoting county-based pleas to local sittings of the courts) where boundary disputes often featured.
A writ of execution (also known as an execution) is a court order granted to put in force a judgment of possession obtained by a plaintiff from a court. [1] When issuing a writ of execution, a court typically will order a sheriff or other similar official to take possession of property owned by a judgment debtor.
Bahio amovendo, a writ to remove a bailiff from his office for want of sufficient land in his bailiwick. [1]Beaupleader [3]; Besayle is a writ directed to the sheriff, in case of an abatement or disseisin, to summon a jury to view the land in question, and to recognise whether the great grandfather died seised of the premises, and whether the demandant be his next heir.
Repossession, colloquially repo, is a "self-help" type of action in which the party having right of ownership of a property takes the property in question back from the party having right of possession without invoking court proceedings. The property may then be sold by either the financial institution or third party sellers. [1]
One species of this writ is called a "writ of body attachment". This writ may be available to a court wishing to bring into its presence a person who has been held in contempt of court. In this situation, the writ is also sometimes called a "writ of bodily attachment", an "order of commitment for civil contempt", or a "warrant for civil arrest ...
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