Possessory remedies

Possessory remedy are those which exists for the protection of possession even against ownership. Propriety remedies are those which are available for the protection of ownership. In various legal systems possession is provisional or temporary title even against the true owner. Even a wrongful possessor who is deprived of his possession can retrieve it from any person whatsoever on the ground of his possession. Even the true owner who recaptures his own , must first repair possession to the wrongdoer and then proceed to ensure possession on the ground of his ownership. There are many grounds why possessory remedies are recognized.

1. Possession often amounts to evidence of ownership. A finder of goods becomes the owner against the whole world excluding the true owner. This is on the ground that he is in possession of it. If a person in adverse possession of a property for 12 or more years , he becomes the legal owner of the property and the right of the original owner extinguished.
   
   
2. The iniquities of violent self help are very serious and in all civilized countries, those are forbidden . Experience shows that there can be better conditions in society if the role of force is avoided by the real owners. Lawful methods are always to be favored and no one should take the into his own hands .
   
   
3. Another reason of possessory remedies is to be available in the serious imperfection of early proprietary remedies. Those were cumbersome, dilatory and inefficient . Every claimant had to undergo many hardships. The attitude of the plaintiff was a very difficult one and no persons to be allowed to occupy the advantages position of the defendant. It was under these circumstances that it provided that the original state of affairs must be restored first. Possession must be given to him who had it first and then it alone the claims of the various persons could be settled. Under the old legal systems, it was extremely hard to prove one's ownership and regain the property on the ground of title. Very often, small technicalities led to the defeat of one's title to property.
   
   
4. Another reason for possessory remedies is that it is always more hard to establish ownership than to prove possession. Hence it is not just that a person who has taken possession of property by means of violent activities should not be allowed to transfer the big burden of proof from his own shoulders to that of his opponent. He who takes a things by force must restore it and he is free to prove that he is the owner.