possessory action

law

Also known as: possessory assize

Written by

The Information Architects of Encyclopaedia Britannica

Last updated

July 1, 2026

Quick Summary

A possessory action is a legal proceeding focused on recovering or obtaining possession of property, rather than definitively establishing ownership. Historically, these actions were crucial in distinguishing between claims based on mere possession and those based on title.12

In Anglo-American law, while actions like ejectment primarily focus on the right to possession, specific statutory possessory actions still exist. These are often used by landlords to regain property from tenants or by prior possessors who have been wrongfully dispossessed. These actions are distinct from "petitory actions," which are designed to establish ownership.2

Summary created from Britannica articles using AI. AI can make mistakes, so verify using Britannica articles.

2 Britannica Sources

Ask Britannica AI about this topic

Britannica doesn't have a full article on this topic, so we've curated a list of our relevant coverage.

United Kingdom
Government of England
…were introduced, notably the so-called possessory assizes, which determined who had the right to immediate possession of land, not who had the best fundamental right. That could be decided by the grand assize, by means of which a jury of 12 knights would decide the case. The use of standardized…
Read More
…were introduced, notably the so-called possessory assizes, which determined who had the right to immediate possession of land, not who had the best fundamental right. That could be decided by the grand assize, by means of which a jury of 12 knights would decide the case. The use of standardized…
Read More

property law
Anglo-American law
…better right to possession, separate possessory actions for land are no longer a main feature of Anglo-American law. Most jurisdictions do, however, have a statutory possessory action, derived from the English statutes of forcible entry and detainer, in which an owner or prior peaceable possessor can recover possession from one…
Read More
…better right to possession, separate possessory actions for land are no longer a main feature of Anglo-American law. Most jurisdictions do, however, have a statutory possessory action, derived from the English statutes of forcible entry and detainer, in which an owner or prior peaceable possessor can recover possession from one…
Read More