Action for recovery of possession of heritable property meaning

A court claim to regain possession of land or buildings (heritable property) and, if required, to remove occupiers from the premises. In practice, this covers evicting tenants or licensees after their right to occupy ends, repossession by heritable creditors, and removing trespassers. The expression is used chiefly in Scots law and is descriptive rather than defined in a single statute; the applicable rules and grounds come from context-specific legislation (for example, housing and heritable security regimes) and the rules of court. The pursuer must show title and interest, that the occupier’s right has been validly terminated, and that any contractual or statutory notice requirements have been met. The court or tribunal may grant decree/order for recovery of possession with a warrant for ejection, enforceable by sheriff officers. Proceedings are raised in the sheriff court or Court of Session; many private residential cases are determined by the First-tier Tribunal (Housing and Property Chamber). In England & Wales, Northern Ireland and Ireland, equivalent proceedings are generally called possession proceedings/claims for land (including landlord and tenant and mortgage repossession), not actions for recovery of heritable property, and follow their respective court rules (for example, CPR Part 55 in England & Wales).