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This article is about the Common Law form of action. For a fuller discussion of modern proceedings, see Eviction.

Ejectment is the common law term for civil action to recover the possession of or title to land. It replaced the old real actions as well as the various possessory assizes. Though still used in some places, the term is now obsolete in many common law jurisdictions, in which possession and title are contested via the actions of eviction and quiet title, respectively.

Originally, an ejectment was concerned with the recovery of possession of land, for example against a defaulting tenant or a trespasser, who did not have (or no longer had) any right to remain there. It has continued to be used for this, though in some jurisdictions the terminology has changed.

The old real actions, which were concerned with the title to land, were found to be too technical and difficult to use. The practice thus developed of trying the title to ownership of land, by means of an ejectment. The practice was for the claimant to grant a lease to a friend and later to a fictitious person (such as John Doe). However, on occasion, the name "Casual Ejector" was used instead.[1] An action was brought in the name of this tenant often against another fictitious person (often Richard Roe) who had allegedly evicted him.

A letter was then sent in his name to the real defendant, inviting him to defend the case on behalf of his supposed tenant (a fictitious defendant). The true defendant's right to appear depended on the existence of the fictitious lease (whose existence he thus could not deny). This enabled rights of the true claimant and defendant to be litigated. Such fictitious actions have been abolished in many jurisdictions as a result of the provision of alternative remedies.

See also[edit]

References[edit]

  1. ^ "Casual ejector". Legal Dictionary. TheFreeDictionary.com. 

External links[edit]


Original courtesy of Wikipedia: http://en.wikipedia.org/wiki/Ejectment — Please support Wikipedia.
This page uses Creative Commons Licensed content from Wikipedia. A portion of the proceeds from advertising on Digplanet goes to supporting Wikipedia.
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528 videos foundNext > 

684 news items

 
Sun.Star
Tue, 03 Mar 2015 19:11:15 -0800

BACOLOD City Legal Office (CLO) chief Rayfrando Diaz II said on Tuesday that they are preparing for the filing of the ejectment case against the AVM Bernardo Engineering, the private operator of the city-owned slaughterhouse in Barangay Handumanan.
 
Sun.Star
Thu, 05 Mar 2015 20:52:30 -0800

THE Bacolod City Government filed on Wednesday a case for ejectment or unlawful detainer against city slaughterhouse operator Antonio Valeriano M. Bernardo (AVM) Engineering and plant manager Glorydee Cometa before the Municipal Trial Court in ...
 
Lexology (registration)
Fri, 27 Mar 2015 09:52:30 -0700

Following foreclosure of an occupied residential property, the lender or its counsel must send a letter requesting that the tenant vacate the property within ten (10) days prior to filing an ejectment action. As an added bonus, this 10-day notice also ...
 
AL.com
Thu, 12 Mar 2015 16:48:45 -0700

housing (eviction defense, foreclosure counseling, and ejectment defense), public benefits (food stamp questions, social security cessations, unemployment benefit denials), family law cases where domestic violence is involved (divorce, protection from ...

The News-Press

The News-Press
Sat, 14 Mar 2015 21:07:30 -0700

Puopolo concentrates her practice in commercial litigation and, more specifically, handles real estate litigation, including title insurance claims, creditors' rights in bankruptcy and foreclosure proceedings, and residential and commercial eviction ...
 
The National Law Review
Wed, 06 Aug 2014 20:26:27 -0700

Two cases are on today's docket: (1) a commercial case involving the question as to whether a breach must be "material" to justify ejectment irrespective of lease language, and (2) a residential case involving the question as to whether the district ...
 
Pilot Mountain News
Tue, 03 Mar 2015 09:37:30 -0800

According to County Manager Chris Knopf, the Westfield Booster Club has yet to vacate the Westfield Community Center. Thus, the county filed a motion for Summary Ejectment in the District Court on Feb. 13. If the court grants the county's motion, the ...

RegBlog (blog)

RegBlog (blog)
Tue, 10 Mar 2015 23:00:00 -0700

Ultimately, this should lead to guaranteed access to legal counsel for low-income tenants in New York City facing eviction, ejectment, or foreclosure proceedings. Although the U.S. Supreme Court's landmark decision in Gideon v. Wainwright only requires ...
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