Does replevin apply to real property?

In contrast to personal property like chattels and motor vehicles, replevin generally doesn't apply to real property like real estate or houses. Real property, such as land, houses, or other types of real estate, is immovable.

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Verified Complaint for Replevin or Repossession

Replevin For Property In Ohio

Category:

Civil Actions - Replevin

State:

Multi-State

Control #:

US-000265

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This form is a Verfied Complaint for Replevin. The plaintiff has filed this action against defendant in order to replevy certain property in the defendant's possession.

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In contrast to personal property like chattels and motor vehicles, replevin generally doesn't apply to real property like real estate or houses. Real property, such as land, houses, or other types of real estate, is immovable.

To maintain replevin, the plaintiff must have the right of exclusive possession to the goods in question. The plaintiff must not only have property absolute or qualified, and the right of possession at the time of the commencement of the action, but he or she must have the exclusive right of possession.

The Complaint: The complaint in replevin typically must include: (i) a description of the property to be replevied; (ii) its value; (iii) its location if known; and (iv) the material facts upon which the claim is based – in other words, why the filing party is entitled to seize the property that has been taken.

When Replevin May Apply. In general, repossession is easier for a lender than replevin because it involves a less formal process and tends to be more efficient. A lender cannot use repossession, however, when it would result in a breach of the peace.

Re·plev·in ri-ˈple-vən. : an action originating in common law and now largely codified by which a plaintiff having a right in personal property claimed to be wrongfully taken or detained by the defendant seeks to recover possession of the property and sometimes to obtain damages for the wrongful detention.

Replevin actions are common and fall into two types of action: if immediate possession of the property is sought and if the party filing the action is content to wait for an adjudication of final rights.

When filing a replevin suit, the plaintiff must provide evidence that they are the rightful owner of the property in question and that it was taken without justification or consent.

Replevin can also refer to a writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions). Replevin may be ordered as a final judgment, or in some jurisdictions, as a provisional remedy.

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The legal remedy of Replevin is best used when the secured creditor cannot repossess the collateral without breaching the peace. (B) Upon the filing of a replevin action, the county court shall order appraisals of the property.In a replevin action, a judge can order the other party to return the property to you. Attached are the forms you need to file to begin an action for replevin. These forms must be filled out and submitted to the Clerk of the Court together. Repossession is more extreme. Section 2737.04 - Request for hearing on motion for order of possession of property. Section 2737.05 - Form for notice of motion for an order of possession. What Is A Replevin Bond? Please be aware that some Toledo, Ohio addresses are not located in the Court's jurisdiction.

Replevin For Property In Ohio

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