Also known as: custody of the law
Written by attorneys · grounded in primary & secondary sources — see below
The condition of property being under the control of a court or other legal authority. Property reaches this status when seized or placed under judicial supervision during pending litigation or enforcement proceedings. Once achieved, the property is subject only to the orders of the court and is generally immune from interference by other creditors or possessors.
Apex Studios obtains a court order directing enforcement officers to seize Lena's custom camera rig amid an ownership dispute. The officers enter the set and remove the rig over Lena's objection. The rig is now under court control and no longer in Lena's possession. This seizure satisfies the element of dispossession in Lena's trespass to chattels claim against Apex.
A junior mortgagee obtains a receiver who collects rents from a defaulting borrower's property. A senior mortgagee later obtains its own receiver and seeks to claim those previously collected rents. Because the rents were collected while the property was under the first receiver's court supervision, they remain under judicial control and cannot be reached by the senior mortgagee's execution efforts.
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The property becomes subject only to the orders and decrees of the court having jurisdiction. Other creditors generally cannot levy on or interfere with it through separate execution proceedings.
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Yes. Causing a chattel to be taken into the custody of the law is one recognized method of dispossessing the possessor, even when accomplished through formal legal process rather than direct physical taking.
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No. Rents collected while property is under the first receiver's supervision remain under judicial control and belong to the party that obtained the initial receivership, subject to proper application of those funds.
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The seizure places the property under the exclusive authority of the court, preventing conflicting claims by other creditors and ensuring orderly distribution according to judicial decree.
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