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Ivy Ibarra, a lawyer, sought to purchase a warehouse from her client Ideal Solutions. She disclosed terms in writing and obtained written consent after advising the client to seek independent counsel.
Also known as: possessory
Written by attorneys · grounded in primary & secondary sources — see below
A historical legal proceeding or action brought to determine or protect rights of possession in property rather than to adjudicate title.
Ivy Ibarra, a lawyer, sought to purchase a warehouse from her client Ideal Solutions. She disclosed terms in writing and obtained written consent after advising the client to seek independent counsel.
Ismael Ibrahim remained in a commercial building after his lease from Integrity Partners expired. Integrity Partners initiated an action in possessorio to recover possession without claiming superior title, treating Ibrahim as a tenant at sufferance.
Ike Ingram entered land owned by Ironwood Capital after the owner revoked permission. Ironwood Capital brought an action in possessorio alleging that the termination of the possessory interest ended any consent and supported recovery of the premises.
Select any source to read its text and confirm it supports the definition.
Ines Ibarra held a possessory security interest in equipment located in State A. Local rules governed perfection and priority against a competing claimant for collateral situated there.
Ibrahim Iqbal conveyed land creating both a present possessory estate and a future interest in favor of his niece. Both interests had been validly created under the applicable conveyance rules.
Isabelle Inman asserted a possessory lien for repairs on goods held for Icarus Aviation. The lien had priority over a later security interest because the lien arose from possession and was not displaced by statute.
It decides rights to possession of property without adjudicating title to the property.
Supporting sources
An estate at sufferance arises when a person wrongfully remains in possession after a prior interest ends without claiming superior title, and the owner may sue in possessorio to recover the land.
A possessory lien on goods has priority over a security interest unless a statute creating the lien expressly provides otherwise.
While the collateral is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and priority of the possessory security interest.
…The ways of an owner with tangible property are such that he usually arranges means to learn of any direct attack upon his possessory or proprietary rights. Hence, libel of a ship, attachment of a chattel or entry upon real estate in the name of law may reasonably be expected to come promptly to the owner's attention.…