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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.

582 news items

 
Marianas Variety
Wed, 03 Feb 2016 09:26:15 -0800

If first tenant accepts the rents he may no longer dispossess the tenant-in-possession by way of ejectment action. Leases are contracts and if landlord does not tender rents first tenant may not resort to breach of contract action because landlord ...

Mount Airy News

Mount Airy News
Tue, 19 Jan 2016 21:26:15 -0800

Stevens said some accomplishments which affected sheriffs throughout the state during her tenure in the General Assembly have been “clearing up gray area in ejectment actions” and some reworking of juvenile law which allows for a sheriff's deputy to ...
 
Chandigarh Tribune
Wed, 28 Oct 2015 12:18:45 -0700

The District Development and Panchayat Department has decided on 27 cases in which plots provided to landless labourers free of cost by the Punjab Government to construct houses were sold, in violation of terms and conditions. The decision of ejectment ...
 
Lexology (registration)
Wed, 13 Jan 2016 03:48:45 -0800

The relevant legislation provides that the Circuit Court has original jurisdiction to determine ejectment or repossession proceedings subject to certain jurisdictional thresholds, one of which relates to rateable valuation. The legislation further ...
 
Journal Online
Tue, 22 Dec 2015 03:26:15 -0800

Ako ay mayroong isang maliit na apartment na pinauupahan. Nagsampa ako ng kasong ejectment upang paalisin na ang taong nangungupahan dito nang siya ay tumanging kusang-loob na umalis kahit pa ilang beses ko na siyang binigyan ng letter to pay ...
 
Bandera
Fri, 29 Jan 2016 00:19:03 -0800

Pero ito dapat ginawa nila mas maaga. Kasi ang lumalabas kinukulong nya sarili nyang pamilya sa loob ng compound na yan. Kung talagang expelled na ang mga ito at legally property nga ng INC yan tinitirhan nila, di sana noon pa sila nagfile ng ejectment ...

InterAksyon

InterAksyon
Thu, 14 Jan 2016 01:11:16 -0800

... filing of an ejectment case in a news conference where they showed a photo of supposed goons inside the INC property where Angel Manalo, younger brother of Eduardo, and Lottie Hernandez, widow of the late INC executive minister Felix Manalo, reside.
 
Business Standard
Sun, 31 Jan 2016 08:18:21 -0800

... further explained that while Sarfaesi is concerned with non-performing assets of banks and financial institutions, the Rent Control Act governs the relationship between a tenant and the landlord and specifies the rules of ejectment with respect to ...
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