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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.
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379 news items

 
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 ...
 
The Inquirer
Mon, 19 Jan 2015 06:57:59 -0800

According to Defendant's Answer, after the purchase of the said property was resisted by one Isaac WlehTugbeh and other squatters on the land, thus compelling him to institute an Ejectment action against Mr. Tugbeh and the Squatters and after hearing ...
 
Lexology (registration)
Fri, 08 Aug 2014 08:47:32 -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 ...
 
Mondaq News Alerts (registration)
Fri, 30 Jan 2015 09:03:45 -0800

A simple case of arrears of rent and ejectment recently came up before the Hon'ble Supreme Court of India in December, 2014, in Satendra Singh v Vinod Kumar Bhalotia, where the apex court highlighted how the process of law was sought to be abused by ...
 
Law360 (subscription)
Mon, 12 Jan 2015 14:42:52 -0800

Law360, Philadelphia (January 12, 2015, 5:39 PM ET) -- The Pennsylvania Commonwealth Court ruled in a reported opinion Monday that the failure of a local sheriff's office to include a return of service document in filings related to a disputed tax sale ...
 
Wilkes Barre Times-Leader
Mon, 21 Jul 2014 14:48:40 -0700

WILKES-BARRE — An attorney for Del Balso Brothers Realty filed paperwork with the Luzerne County prothonotary seeking more than $1 million from the parent company of Gentleman's Club 10 in Wilkes-Barre Township. The paperwork also seeks removal ...
 
The Inquirer
Thu, 08 Jan 2015 05:40:47 -0800

However, Justice Sie-A-NyeneYuoh on February 25, 2009 said, late Alhaji Massaquoi commenced an action of ejectment against the church because he had the original deed. The Civil Law Court ordered an investigative survey to be done on the property ...
 
Inquirer.net
Fri, 21 Nov 2014 08:10:59 -0800

An interesting factoid popped out during the Nov. 6 hearing on the corruption charges against Vice President Jejomar Binay before the Senate blue ribbon subcommittee. If a Torrens title over some four hectares of land inside the alleged “Hacienda Binay ...
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