Glossary / Property & Land Law (Advanced)

Possessory protection

Possessory protection shields the factual control of a thing from unlawful interference. Swiss law allows a possessor to react against dispossession or disturbance without first proving ownership, because public order discourages self-help and violent changes of possession. Remedies may include restoration, cessation of disturbance and interim measures, often requiring prompt action. Possession is distinct from ownership: a tenant, borrower or unlawful possessor may have possessory protection against third-party interference, while the owner must use separate ownership claims to establish title.

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