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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.
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375 news items

WJXT Jacksonville

WJXT Jacksonville
Wed, 24 Jun 2015 19:52:38 -0700

Representatives with Rusty Law Firm, who is handling several of these ejectment suits, said that their client has a stronger legal claim to the property, and they said the most recent survey shows that. The firm also said they sympathize with the ...
 
Mount Airy News
Thu, 18 Jun 2015 14:25:15 -0700

In Hicks' answer to the summary ejectment he alleged that the airport authority had violated his constitutional rights, singling him out for alleged violations of his lease agreement and asked that the matter be heard in District Court. The case for ...
 
azcentral.com
Fri, 19 Jun 2015 17:45:00 -0700

"So landlords would instead bring an action of ejectment on behalf of a fictitious tenant against another fictitious person who had allegedly evicted or ousted him. To figure out what rights to the property the made-up persons had, the courts first had ...
 
Mount Airy News
Thu, 18 Jun 2015 23:00:00 -0700

Hicks lost a subsequent appeal on the summary ejectment ruling. However, the former airport authority board member has filed two actions against the airport authority. One action is a federal court case in which Hicks claims his constitutional rights ...

Rappler

Inquirer.net
Wed, 01 Jul 2015 05:45:00 -0700

“Sabi nga ng abugado nila ang mayroon prayer of ejectment eh sila, eh kung mayroon nagpapa-eject at may taong iba dun na hindi yun ang hinabla mo eh kayo dapat ang naghabla . Dun sa mga hinihiling namin eh wala namang ejectment dun,” Reyes ...

Gotham Gazette

Gotham Gazette
Tue, 16 Jun 2015 13:48:45 -0700

0214: The legislation would require that legal counsel be provided to tenants and homeowners who are facing “eviction, ejectment or foreclosure proceedings” and create a Civil Justice Coordinator position. Civil courts do not guarantee a “right to ...

Sun Sentinel

Sun Sentinel
Fri, 05 Jun 2015 08:07:59 -0700

Depending on the situation, you will need to file either an "unlawful detainer" or "ejectment" lawsuit, both similar to an eviction, to get the police's help in removing the squatter. Think of this before you let a friend from work or a cousin from out ...
 
The National Law Review
Wed, 06 Aug 2014 12:07:30 -0700

The GRE Properties Court affirmed the trial court's refusal to include the "material breach" requirement in an instruction, declining to read such a requirement into the "purely statutory" paradigm of summary ejectment. Rather, the Court states the law ...
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