Revendication: The Legal Process of Reclaiming Ownership

Definition & Meaning

Revendication is the legal term used to describe the action of demanding the return of property that a person believes they own but is currently held by someone else. This process involves asserting ownership rights and seeking the restoration of goods that are in the possession of another party. For example, a seller may use revendication to reclaim goods that have been sold but for which payment has not yet been received.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A furniture manufacturer sells a batch of chairs to a retailer. If the retailer fails to pay for the chairs and keeps them, the manufacturer can file a revendication claim to reclaim the chairs.

(Hypothetical example) Example 2: A person lends a valuable painting to a friend. When the friend refuses to return it, the owner can initiate a revendication process to recover the painting.

State-by-state differences

State Key Differences
California Allows for revendication claims in both personal and real property cases.
New York Requires a formal demand for return before filing a claim.
Texas Includes specific procedures for reclaiming goods under the Uniform Commercial Code.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Key Differences
Revendication Demand for the return of property believed to be owned. Focuses on ownership and possession.
Detinue A legal action for the recovery of goods wrongfully detained. Requires proof of wrongful detention, not just ownership.
Conversion Unauthorized use of someone else's property. Involves a claim for damages rather than just return of property.

What to do if this term applies to you

If you believe you need to reclaim property through revendication, consider the following steps:

  • Gather documentation proving your ownership of the property.
  • Make a formal demand for the return of the goods to the current possessor.
  • If the demand is ignored, consult with a legal professional to explore your options.
  • You can also find templates for revendication claims on US Legal Forms to assist you in this process.

Quick facts

  • Typical fees: Varies by state and legal representation.
  • Jurisdiction: Generally handled in civil courts.
  • Possible penalties: Costs associated with legal proceedings, but no criminal penalties.

Key takeaways