Arrest in Possessory, Petitory, or Partition Actions

A possessory action is brought to recover the possession of a vessel that had a claim of title.  Whereas, a petitory action is an action by which a person seeks to establish and enforce his/her title to property and a partition action is brought to divide the property in individual shares among the owners.

Warrant of arrest of the vessel, cargo, or other property can be made:[i]

  • In all actions for possessory, petitory, partition and to try title according to the course of the admiralty practice,
  • In all actions maintainable with respect to the possession of cargo or other maritime property,
  • In all actions by one or more part owners against others to obtain security for the return of the vessel which was taken without their consent;
  • By one or more part owners against the others to obtain possession of the vessel for any voyage on giving security for its safe return.

USCS Admiralty and Maritime Claims R D permit an in rem action against a vessel or other maritime property when a party to assert legal title to the property.  The claimant should possess a legal claim to title.  Rule D gives the parties a right to a trial, which clears title to a vessel if there is any dispute between co owners concerning the employment of the vessel.

[i] USCS Admiralty and Maritime Claims R D


Inside Arrest in Possessory, Petitory, or Partition Actions