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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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Rule of Law: Issue of 'ejectment' in the property

NewsLife - Rule of Law: Issue of 'ejectment' in the property - [January 9, 2013] For more news, visit: http://www.ptvnews.ph Subscribe to our youtube account...

Rule of Law: Ejectment Case (Issue of deceased parents property under possession of strangers)

NewsLife - Rule of Law: Tackles Ejectment Case (Issue of deceased parents property under possession of strangers) - [September 19, 2013] ********************...

Bisig ng Batas: Isyu ng ejectment sa titulo ng lupa

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Rule of Law: Issue of filing of ejectment case against former owner of the apartment

Rule of Law: Issue of filing of ejectment case against former owner of the apartment - [March 14, 2013] -----------------------------------------------------...

First Critical Mistake In Ejectment Lawsuits In Alabama - Failing To Answer The Complaint

An ejectment lawsuit is the third stage of a foreclosure. That is where the mortgage company has sued you, saying, "There's a valid foreclosure and you have ...

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In Alabama you have a foreclosure (privately conducted) and then if you do not leave your home the mortgage company will sue you in court for "ejectment" or ...

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After a foreclosure in Alabama, the mortgage company will sue to "eject" or "evict" you from your home. This is normally the first time a court becomes invol...

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432 videos foundNext > 

33 news items

 
Go Lackawanna
Mon, 21 Jul 2014 14:45:00 -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 State

WMBF
Fri, 01 Aug 2014 09:58:50 -0700

A writ of ejectment was served at the home on Heritage Road in the Pinecrest Community in Conway on Thursday, giving the tenant 24 hours notice to vacate the property, according to Sgt. Benton. A deputy and the landlord returned Friday to take control ...

Wicklow People

Wicklow People
Fri, 25 Jul 2014 16:03:45 -0700

On June 18, 2014 a letter addressed to The Occupant, 1 Rory O'Connor Place, Arklow, arrived and it contained an ejectment order for possession. Ms. Gleeson said Mr. Ivers 'was a complete stranger to any proceedings leading up to that and was never ...
 
North Wright County Today
Sat, 26 Jul 2014 07:45:23 -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 ...
 
NewsdzeZimbabwe
Fri, 25 Jul 2014 01:23:12 -0700

In a High Court order of July 7 2014, (HC 0031388) seen by the Zimbabwe Independent, the eviction has been set aside because Maadza was allocated the land by government under the land reform programme. “The writ of ejectment issued in favour of first ...
 
Irish Examiner
Thu, 24 Jul 2014 17:00:00 -0700

There was a 6% rise in ejectment proceedings in circuit and district court levels, mainly involving non-payment of rent. In the family law section of the civil courts, there were signs of domestic strain, with a 2% rise in judicial separation ...
 
NewsDay
Wed, 23 Jul 2014 01:13:12 -0700

Her son Frederick Riasi told NewsDay yesterday that they were served with a writ of ejectment last Thursday and were expected to have vacated the property by today after the house was subsequently sold to another person who is now to take occupation of ...

Dan's Papers

Dan's Papers
Thu, 03 Jul 2014 08:22:30 -0700

Instead, you will end up in a prolonged action, called an Ejectment Proceeding in the Supreme Court. By the way, those months to get a non-family member out may become years in an Ejectment Proceeding, which is a much more complex and costly ...
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