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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]


  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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375 news items


Tue, 06 Oct 2015 09:57:55 -0700

“If the INC thinks they have a better right to the possession of the property, the simple matter would have been to file an ejectment case,” she said. “But no, they want to do it this way…clearly for a far more sinister motive.” “This is harassment ...
Law360 (subscription)
Tue, 15 Sep 2015 10:00:18 -0700

A lease may have confession of judgment clauses for money damages, ejectment to obtain possession of the leased premises or both. Landlords enjoy these provisions because they reduce the cost of obtaining judgment and streamline the remedy process.


Wed, 07 Oct 2015 23:11:15 -0700

But if they really wanted to protect their property, why didn't they file an ejectment case?" Angeles said. She added, "They want the Manalo siblings to leave on their own. It's a battle of wills." The Philippine Daily Inquirer earlier reported that ...
Lexology (registration)
Tue, 15 Sep 2015 06:24:17 -0700

The Granoffs sued for trespass and ejectment because the Seidles established an easement by virtue of adding a fence, callbox, driveway, sod, irrigation system, and landscaping details. The Seidles counterclaimed for multiple causes of actions. In the ...

The Manila Times

The Manila Times
Mon, 18 May 2015 06:39:43 -0700

The lessee shall thereafter deposit the rent within 10 days of every current month. Failure to deposit the rent for three months shall constitute a ground for ejectment. The lessor, upon authority of the court in case of consignation or upon joint ...
The National Law Review
Wed, 06 Aug 2014 12:07:30 -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 ...
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 ...


Thu, 10 Sep 2015 18:28:17 -0700

Among those cases there are 757 "housing ejectment" or eviction proceedings. These include cases involving illegal occupants and anti-social behaviour. More than 107 cases of planning breaches are also being pursued. DCC could not offer a total cost ...

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