digplanet beta 1: Athena
Share digplanet:


Applied sciences






















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]


  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.
430 videos foundNext > 

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: 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] -----------------------------------------------------...

Bisig ng Batas: Isyu ng ejectment sa titulo ng lupa

News@1 - Bisig ng Batas: Isyu ng ejectment sa titulo ng lupa - [January 9, 2013] Para sa karagdagang balita, bumisita sa: http://www.ptvnews.ph Mag-subscribe...

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 ...

Five Mistakes Alabama Consumers Make When Sued For Ejectment

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...

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] ********************...

Alabama Ejectment Suit - Second Critical Mistake - Assuming Nothing Can Be Done

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 ...

What is an ejectment?

So what happens when a home owner or tenant doesn't accept the cash for keys offer? Ejectment happens when the foreclosing bank files for possession of their...

What are ejectment actions?

Preston Oughton, Law Offices of Preston Oughton, PA, http://www.oughtonlaw.com/ - (904) 834-4903. Florida Real Estate Litigation Law FAQs: http://thelaw.tv/j...

Book Review | The Law Of Ejectment By John Herbert Williams

BOOK REVIEW OF YOUR FAVORITE BOOK =--- Where to buy this book? ISBN: 9781141942077 Book Review of The Law of Ejectment by John Herbert Williams If you wa...

430 videos foundNext > 

1896 news items


Sun, 14 Dec 2014 17:41:15 -0800

Instead of friendly companeros, The Firm and the breakaway Cruz Marcelo & Tenefrancia group are heading to a December 31 deadline as bitter divorcees, with The Firm announcing that the CMT group had actually been expelled from the partnership.
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 ...
The National Law Review
Wed, 06 Aug 2014 20:26:27 -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 ...

Uniontown Herald Standard

Uniontown Herald Standard
Mon, 08 Dec 2014 23:14:05 -0800

The first known American law enforcement fatality occurred in upstate New York in 1791 when Sheriff Cornelius Hogeboom was shot while serving a “writ of ejectment.” The website noted, “The memorial is a soothing and peaceful place for loved ones to ...
Lexology (registration)
Wed, 10 Dec 2014 05:53:36 -0800

First Jackson filed an ejectment action against Paint Rock, and Paint Rock counterclaimed based on the emblements doctrine and for conversion of its harvested sod and farm equipment. At trial, Paint Rock lost on its claim under the emblements doctrine ...
Wilkes Barre Times-Leader
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 ...
Idaho Mountain Express and Guide
Wed, 26 Nov 2014 03:15:00 -0800

Complaint for possession of real property and for ejectment at 525 N. Fourth Ave. in Hailey. Dismissed without prejudice per motion filed by plaintiff. 19 Nov-Everton Rodrigo Olivera v. Ione D. Almeida. Decree of paternity, custody, parenting time and ...
Marianas Variety
Tue, 02 Dec 2014 09:15:00 -0800

When the tenant fails to timely pay rent and tenant does not peacefully leave the leased premises, the landlord may self-help and forcefully oust his tenant or sue in court for the relief of ejectment — this is something that citizen, ex-Judge Alex ...

Oops, we seem to be having trouble contacting Twitter

Support Wikipedia

A portion of the proceeds from advertising on Digplanet goes to supporting Wikipedia. Please add your support for Wikipedia!

Searchlight Group

Digplanet also receives support from Searchlight Group. Visit Searchlight