Also known as: recaptions · self-help repossession · retaking chattels
Written by attorneys · grounded in primary & secondary sources — see below
The retaking of one's own property after an unlawful dispossession. The privilege permits reasonable nondeadly force when the actor acts promptly or in fresh pursuit and the recaption is otherwise justified under the governing rules for defense of property.
Riley Rivera rented a slip at Harborview Marina. After a fee dispute the marina chained his boat to the dock without a court order. That night Riley returned and began unchaining the vessel. When a dockhand grabbed his arms Riley shoved the dockhand aside to complete the move. The shove is justified because Riley had been unlawfully dispossessed and was effecting a prompt recaption of his own property.
City inspectors padlocked Rita Russell's shop and removed her goods without a court order. The next day Rita's competitor went to the municipal warehouse to retrieve the items for himself. When an inspector blocked the doorway the competitor used moderate force to push past and recover the goods. The force is not justified because the recaption was not made by or on behalf of the person who had been actually dispossessed.
Select any source to read its text and confirm it supports the definition.
Roland Rhodes stored paintings at Plains Design gallery. After a fee dispute the co-op moved his works into a locked storeroom. Roland returned the same day, brushed past a member blocking the door, and retrieved the pieces. The conduct qualifies as justified recaption because it was performed by the person who had actually been dispossessed and met the other requirements for lawful recapture.
Force is permitted when the actor has been unlawfully dispossessed and is making a re-entry or recaption that satisfies the requirements of the defense-of-property rules. The actor must act promptly or in fresh pursuit and use only reasonable nondeadly force.
Supporting sources
A colorable claim of right generally limits the use of force against a possessor. The limitation does not apply, however, when the actor has been unlawfully dispossessed and the recaption itself is justified under the applicable defense-of-property provisions.
Supporting sources
Yes. The use of force to effect recaption is not justifiable unless the re-entry or recaption is made by or on behalf of the person who was actually dispossessed of the property.
Supporting sources