ABSTRACT
This chapter considers the range of remedies which may be applicable to redress property-related grievances. There are certain situations where the plaintiff able to claim the actual property, and these, along with personal remedies. The chapter describes that once the property is traced then a variety of different remedies, may be used, for example: compensation, the exercise of a lien over the property, restitution of the specific property, the imposition of a constructive trust, or the imposition of a charge. Most self-help remedies arise in common law or custom. Occasionally legislation may replace or support self-help measures. An award of damages is the most usual personal remedy, whether the claim is based in tort or contract, or on the infringement of a specific property right. The role of the law, whatever its source, is to provide the means whereby those claiming property interests may seek to protect those interests by recourse to remedies and enforcement procedures.
