"Finders Keepers" Isn’t the Law: Steps if Someone Interferes With Property You Possess
What is Spoliation?
Imagine you are living in a house or using a car peacefully, and someone takes it away from you without your permission or a court order. This is called spoliation.
It doesn't matter who legally owns the property. The law protects the person who has peaceful control, or possession, of it. This idea is captured in the old saying, "possession is nine-tenths of the law."
Our legal system provides a powerful remedy for this called the mandament van spolie. This legal action is a way to stop people from taking the law into their own hands.
The Goal of the Law
The main purpose of the mandament van spolie is to prevent people from using "self-help." Even if someone has a strong claim to something (like a landlord who owns a house), they can't just forcefully take it back from the person using it (like a tenant) without following the correct legal steps. The court's job is to protect against this kind of forceful action.
A court's job is to immediately restore possession to the person who was wrongfully dispossessed. The court doesn't even consider who is the true owner or who has the "better" right to the property. It only cares about one thing: Was a person's peaceful possession taken away unlawfully?
A Practical Example
Let's say a landlord is frustrated because their tenant isn't paying rent. The landlord, without getting a court order, changes all the locks while the tenant is away.
Even though the landlord owns the house and has a good reason to be upset, they have broken the law by taking matters into their own hands. The tenant can immediately go to court and use the mandament van spolie to force the landlord to give them back access.
Spoliation isn't just about changing locks. It could also happen if:
- A landlord cuts off a tenant's electricity or water.
- A security company at a gated community blocks a resident from entering.
- Someone tows your car and won't let you have it back.
How to Prove Spoliation
To win a spoliation case, a person must prove two things to the court:
- They were in peaceful and undisturbed possession of the property.
- Someone unlawfully took away that possession without their consent or a court order.
The mandament van spolie is a cornerstone of our legal system. It makes sure that disputes are resolved in a courtroom, not through force. It protects social order by reminding everyone that no matter how right you think you are, you must always follow the law.