Spoil means to take from a person something that is in his or her possession. In dispossession, the person who has possession or ownership of the property loses possession of it.
The expression is widely used in the legal area (in Civil Law) and refers to the removal of an asset from someone, such as real estate or rural property.
The dispossession can happen clandestinely (without the owner or possessor noticing), by breach of trust or in a violent way.
Possessionary Shred
Possessive dispossession happens when someone loses possession of a property due to someone else's actions.
For example: a property is occupied by its owners or by whoever rents the place. At a time when the property is empty, another person invades it and starts to live there.
This situation, in which a property invasion takes place, is called dispossession possessory.
It is important to know that the possessory embezzlement does not cause the owner of the property to lose ownership of it. That is, despite the invasion, the property is still part of your property. But with the dispossession, he loses possession of the good, if only momentarily.
Possessory embezzlement is a crime and is provided for in art. 161, item II of the Penal Code.
In order to regain possession of the property, the Civil Code allows the dispossessed person to take the necessary measures immediately, called immediate effort, which is the recovery of possession through the use of force. But the law defines that this must happen soon after the dispossession and that the acts of defense must be just enough to regain possession, that is, without the use of violence or other excesses.
If this is not possible, you will need to file a lawsuit called repossession.
Repossession action
To regain possession of the invaded (possessed) property, it is necessary to file a lawsuit called repossession. Repossession is one of the types of possessory actions provided for in Civil Law.
Possessory actions are used to ensure that the property remains or returns to whoever is entitled to it.
Difference between desperation and turbation
The encroachment, turmoil, and threat have some similarities because they are all linked to possession or ownership. But they are not to be confused.
The main feature of the scavenger is the removal from possession in a forced or violent manner.
In turbation, however, there is no loss of possession, just an inconvenience or disturbance of the owner. According to the Civil Code, these are acts of disturbance: removing fences, using the sidewalk or private parking or hindering access to the property.
Threat
To prevent the loss of ownership of an immovable property, when there is a threat to the property, which can be with or without violence, it is possible to use an action called prohibitory. The interdict is intended to prevent the dispossession or disturbance from taking place.
See too:
- Scouring, Turbation and Threat