What is the difference between a writ of restitution and possession?

A writ of restitution and a writ of possession both direct law enforcement to return real property to a rightful party, but they differ in their legal purpose and context.

Issue

What distinguishes a writ of restitution from a writ of possession under Tennessee law and general civil practice?

Rule

Under Tenn. Code Ann. § 29-18-127, a writ of restitution is the process by which a landlord regains actual possession of premises following a successful detainer or eviction action. It ensures that the landlord is placed back into “quiet possession.”[1] A writ of possession, by contrast, is used in various civil contexts (such as enforcing judgments concerning ownership or possession of specific real or personal property), and may issue after a foreclosure, replevin, or judgment in ejectment under Tenn. Code Ann. § 26-3-104.[2]

Application

• Writ of Restitution — Used primarily in landlord-tenant disputes. It follows a judgment in an unlawful detainer case. The sheriff must remove the tenant and restore possession to the plaintiff. The order is not complete until the landlord has full, quiet possession of the premises (Farnsworth v. Fowler, 31 Tenn. 1 (1851)).[1]
• Writ of Possession — Broader in application. It can issue in various property disputes to enforce a court’s judgment granting possession or ownership. For example, it may apply to sales under deeds of trust or judgments in ejectment or replevin, not limited to landlord-tenant relationships.[2]

Conclusion

A writ of restitution is a specialized form of writ of possession limited to landlord-tenant eviction cases under Tennessee law. A writ of possession is a general enforcement tool for returning property in other civil actions. In practice, all writs of restitution are writs of possession, but not all writs of possession are writs of restitution.[1][2]