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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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via youtube Capture.

442 videos foundNext > 

40 news items

 
Mondaq News Alerts (registration)
Wed, 06 Aug 2014 12:07:30 -0700

The procedural posture is as follows: (1) plaintiff landlord filed an ejectment action in small claims court, (2) defendant tenant answered in small claims court, denying the ejectment action's allegations and asserting counterclaims, (3) the ...
 
WSOC Charlotte
Thu, 14 Aug 2014 14:54:02 -0700

In a court filing Thursday, the owner of the Penguin Drive-In, in Plaza-Midwood, said the business owes $375,000 to 19 different creditors. That sum includes hundreds of thousands of dollars in unpaid federal, state and city taxes, as well as $17,579 ...
 
Miami News Record
Mon, 04 Aug 2014 13:48:45 -0700

MIAMI — The Ottawa County Commission voted Monday to begin ejectment proceedings against the last remaining resident of the Oakwood Apartments in Commerce. County taxes were in arrears in the amount of $8,093 for the complex and when the ...
 
Westseattleherald.com
Wed, 13 Aug 2014 14:22:51 -0700

Examples provided in the documents include an “ejectment action” or a second “writ of execution”, essentially bringing the King County Sheriff's office back into the mix and compelling them to perform a second eviction. ​An official statement was ...
 
Sierra Express Media
Tue, 19 Aug 2014 08:56:15 -0700

The opposition SLPP strong woman said many landlords in Kenema are given ejectment notices to nurses because they work at the Ebola treatment center. She therefore appealed to government and stakeholders concerns to motivate staff working in the ...
 
North Wright County Today
Sat, 26 Jul 2014 07:48:45 -0700

The unlawful detainer is a special summary proceeding created by statute that provides an alternative to the common law ejectment action. Minn. Stat. §504B.281-371. The action is for possession only and a landlord is required to bring an independent ...
 
The Epoch Times
Wed, 13 Aug 2014 03:03:56 -0700

Earlier this year, Council members Mark Levine and Vanessa Gibson introduced Bill 214, which would allow tenants facing eviction, ejectment, or foreclosure proceedings and making less than 125 percent of the federal poverty line, to access legal services.

The State

WPDE
Fri, 01 Aug 2014 09:38:41 -0700

"He served a writ of ejectment, a paper where it gives an individual 24 hours to vacate the premises," said Benton. "After that 24 hour period is over, the deputy will come back with the landlord to physically evict the person there." He says in normal ...
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