Recaption Law and Legal Definition

Recaption refers to the legal remedy of taking back one's own property that has been taken by another. A person deprived of property can retake the property without occasioning a breach of the peace or an injury to a third person who has not been a party to the wrong. Recaption can be made of a person, personal property, and real property. The right of recaption of a person is confined to a husband in retaking his wife; a parent with regards to his/ her child, of whom the parent has custody; and a master, with regards to his/ her servant.

The right of recaption existed at common law and is guarantied by the Constitution. [Prigg v. Pennsylvania, 41 U.S. 539 (U.S. 1842)]

The nature of the item dictates the method of recaption. [Curry v. United States, 298 F.2d 273, 275 (4th Cir. 1962)]