Lexipedia

Interference with possession

Interference with possession is an unlawful disturbance or deprivation of factual control over a thing, triggering possessory remedies.

Possession protects factual control over property independently of full ownership. Interference may consist of taking a thing, blocking access, trespass, noise, encroachment or other disturbances of use. Swiss property law distinguishes possessory protection from claims based on ownership or contractual rights; the possessor may seek rapid restoration, cessation or protection against threatened interference. The focus is often on the last peaceful possession and on whether the interference was unlawful. Public-law permits or neighbour-law limits may affect the assessment in specific situations.