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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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48 news items

 
Daily Record (subscription)
Thu, 20 Mar 2014 08:33:45 -0700

Ground-rent owners would also have to provide 30 days' notice before starting the ejectment proceedings, or risk forfeiting any claim to attorneys' fees, court costs, photocopying fees and postage. Under an amendment also approved by voice vote on ...
 
Baltimore Sun
Wed, 19 Mar 2014 11:56:15 -0700

In your recent editorial, "Injustice reinstated," Feb. 28), you label the Maryland Court of Appeals decision striking down a statute removing ground rent owners' right to ejectment as "a manifest injustice." Your editorial is factually and legally ...

Socialist Worker Online

Socialist Worker Online
Sun, 06 Apr 2014 23:11:15 -0700

No other racial or ethnic group is so grossly overrepresented in ejectment proceedings... Of EDC clients for whom post-eviction information was available, only 18 percent were still living in their homes. Eighty-two percent had to leave their homes ...
 
Sun.Star
Sat, 05 Apr 2014 11:11:15 -0700

“In any case, being 'illegal settlers,' or 'squatters,' it is too well-settled that defendants are not entitled to any demand as pre-requisite to the filing of the ejectment suit,” he said. Navarro, however, deleted the award for rental to the lot ...
 
NewsDay
Mon, 31 Mar 2014 20:11:15 -0700

The ejectment of the occupants came barely a week after the farm owner Nel made an urgent chamber application at the High Court seeking to bar the Hurungwe West legislator Mliswa from taking over Kingsdale Farm and allocating stands to illegal settlers.
 
Visayan Daily Star
Tue, 08 Apr 2014 21:30:00 -0700

Worst, Gele also said, farmers are charged with criminal cases like forcible entry and ejectment to kick them out of work and landholdings they occupied while waiting for their Certificates of Land ownership. A short tension erupted in the cities of ...
 
Asian Human Rights Commission News
Thu, 03 Apr 2014 00:52:30 -0700

TADECO filed ejectment charges against 81 farmers from Barangay Cutcut who have been planting foodcrops in the said area since 2005. The charges were recently dismissed by local courts. The said property is also covered by a notice of land reform ...

The Express Tribune

The Express Tribune
Thu, 03 Apr 2014 11:34:07 -0700

The common man developed confidence and a sense of empowerment. The tiller of the soil could drag a landowner to a court of law. Ejectment of a tenant was no more an easy affair. While framing the 1973 Constitution, he emerged as a man of consensus: ...
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