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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 (or claim to have granted) a lease to a friend, and later to a fictitious person (such as John Doe), who became the nominal plaintiff: the real claimant was then known as the "lessor of the plaintiff". An action was brought in the name of this fictitious tenant, either against the real defendant or, more usually, against another fictitious person (e.g. William Styles), known as the "casual ejector",[1] who had allegedly evicted him on the strength of an equally fictitious lease granted by the real defendant. The title of the action would then be "Doe dem. [name of real claimant] v. Styles".

A letter was then sent in the name of the casual ejector to the real defendant, inviting him to defend the case on behalf of his supposed tenant. The true defendant's right to appear depended on the existence of the fictitious lease (whose existence he thus could not deny). This enabled the 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.

422 news items

 
WTAE Pittsburgh
Fri, 28 Aug 2015 14:56:15 -0700

Neil "Buddy" Wright has run paintball games on a portion of 200 acres of city-owned land since 1989. Housing authority officials say they filed a suit in June accusing his business of trespassing. They are seeking an "ejectment." A housing authority ...

Pittsburgh Post-Gazette

Pittsburgh Post-Gazette
Thu, 27 Aug 2015 21:00:23 -0700

The housing authority, which says it acquired the property in 1953 from the federal government, filed suit in June, accusing the paintball business of trespassing on the property and seeking an “ejectment.” (Click image for larger version). Chuck ...

The National Law Review

The National Law Review
Fri, 21 Aug 2015 12:49:35 -0700

If the lease did not have a fixed remaining term, occupants were allowed to remain in the property for 90 days before a foreclosing mortgagee could commence ejectment proceedings. Despite its good intentions, unfortunately the PTFA wound up creating ...

Muncie Star Press

Muncie Star Press
Tue, 18 Aug 2015 14:49:08 -0700

Koger's “complaint for lease and ejectment” was filed on June 1. In a June 24 hearing, Ellison was “ordered to vacate no later than” midnight on July 4. Koger's attorney, Brandon Murphy, field a motion to dismiss the case on July 10. Koger said Tuesday ...
 
Lexology (registration)
Thu, 13 Aug 2015 17:22:30 -0700

Lenders and potential third party purchasers at foreclosure sales should be mindful of the new landlord-tenant protections in North Carolina, as well as the option to seek monetary damages in addition to orders of possession in certain ejectment ...

The Manila Times

The Manila Times
Mon, 18 May 2015 06:39:43 -0700

Arrears in payment of rent for 3 months is one of the grounds for judicial ejectment enumerated in Section 9 of Republic Act No. 9653(R.A. 9653) or the Rent Control Act of 2009, to wit: “SEC. 9. Grounds for Judicial Ejectment. – Ejectment shall be ...
 
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 ...
 
InterAksyon
Sun, 23 Aug 2015 21:10:36 -0700

... long-term lease at the next-door building, Orion, after Taguig Metropolitan Trial Court Judge Bernard Pineda Bernal denied CMT's motion to suspend the hearings on the unlawful detainer case seeking the partnership's ejectment from the CVCLaw Center.
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