Also known as: ouster · dispossession
Written by attorneys · grounded in primary & secondary sources — see below
An intentional interference with another's possessory interest in property by depriving the possessor of physical control or access to land or a chattel.
Select any source to read its text and confirm it supports the definition.
Oswald Orozco grabbed Ophelia O'Brien's laptop from a library table and walked out. Three minutes later Ophelia tracked him to the hallway and reached for his backpack. Oswald twisted her wrist and shoved her aside to keep the bag. The immediate use of force after the taking established ouster of possession.
Oriana Oberman left her suitcase at a bus terminal. Driver Oakley Osei picked it up and locked it in an employee room. Oriana could not reach the bag for several hours. The removal deprived her of control and constituted ouster of possession.
Omar Olson collected rival subcontractor Owen Ortega's rented power tools and locked them in a site container overnight. Owen's crew could not work that afternoon. The deliberate deprivation of access exposed Omar to liability for the ouster of possession.
Yes. Intentional removal and locking away of property for hours prevents the owner from exercising control even if the item is later returned unharmed.
No. The tort is complete upon intentional dispossession that interferes with the possessor's rights. Damage is not an element when control is taken away.
Ouster of possession covers any intentional interference that deprives control for a period of time. Conversion requires a more serious interference that justifies forcing the actor to pay the full value of the chattel.