6 Possessory Remedies

Why law protects possession (the three classic reasons):1. Preservation of the peace: possessory remedies substitute courts for self-help — dispossess the possessor yourself and you invite violence; sue instead.2. Evidence of ownership: possession is the prima facie proof of title; protecting possession protects the usual evidentiary situation.3. Protection of personhood/expectation: the possessor's settled relation to the thing is itself an interest (Holmes: law takes the current configuration as its baseline).The remedies, historically and in Nepal:• Roman law: the praetor's interdicts — uti possidetis (protecting possession of immovables: maintain the existing state, no force against the possessor) and unde vi (restoration where possession was taken by force) — the ancestors of all possessory actions, and elegant exam illustrations.• English law: the action of ejectment (recovery of land), trespass (for direct interference) and case (indirect), plus the rule that even against the true owner, the prior possessor recovers until title is shown.• Nepali law: the Civil Code 2074 contains a dedicated chapter on possession — recognizing recovery of possession (a person forcibly dispossessed of immovable property may sue to recover it, within a limitation period; the suit protects the possessor as such, whether owner or not) and injunction-type protection of possession and enjoyment. The doctrine's practical spine in Nepal: a possessor's suit to recover possession is maintainable independently of title, and courts…