Ejectment

Ejectment

:"This article is about the Common Law form of action. For a fuller discussion of modern proceedings, see" Eviction.

Ejectment in the common law term for civil action to recover the possession of and 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 over-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). 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.

External links

* [http://www.fordham.edu/halsall/basis/maitland-formsofaction.html Medieval Sourcebook: F. W. Maitland: The Forms of Action at Common Law, 1909 (at Fordham University)]


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Look at other dictionaries:

  • ejectment — eject·ment /i jekt mənt/ n: an action at common law that is to determine the right to possession of property and for the recovery of damages and that is brought by a plaintiff who claims to hold superior title Merriam Webster’s Dictionary of Law …   Law dictionary

  • Ejectment — E*ject ment, n. 1. A casting out; a dispossession; an expulsion; ejection; as, the ejectment of tenants from their homes. [1913 Webster] 2. (Law) A species of mixed action, which lies for the recovery of possession of real property, and damages… …   The Collaborative International Dictionary of English

  • ejectment — A lawsuit brought to remove a party who is occupying real property. (Bernstein s Dictionary of Bankruptcy Terminology) United Glossary of Bankruptcy Terms 2012. ejectment A lawsuit brought to remove a party who is occupying real property …   Glossary of Bankruptcy

  • ejectment — [ē jekt′mənt, iekt′mənt] n. 1. an ejecting or ousting; eviction 2. Law an action to secure or recover possession of real property by the true owner …   English World dictionary

  • ejectment — At common law, this was the name of a mixed action (springing from the earlier personal action of ejectione firmae) which lay for the recovery of the possession of land, and for damages for the unlawful detention of its possession. The action was …   Black's law dictionary

  • ejectment — At common law, this was the name of a mixed action (springing from the earlier personal action of ejectione firmae) which lay for the recovery of the possession of land, and for damages for the unlawful detention of its possession. The action was …   Black's law dictionary

  • ejectment — /i jekt meuhnt/, n. 1. the act of ejecting. 2. Law. a possessory action wherein the title to real property may be tried and the possession recovered. [1560 70; EJECT + MENT] * * * ▪ law       in Anglo American property law, legal action for… …   Universalium

  • ejectment — An action which is purely possessory; a form of action in which the right of possession to corporeal hereditaments may be tried and possession obtained. Kingsnorth v Baker, 213 Mich 294, 182 NW 108. At common law a purely possessory action; even… …   Ballentine's law dictionary

  • ejectment — k(t)mənt noun ( s) 1. : dispossession the ejectment of tenants from their homes 2. a. : a mixed action admissible for the recovery of possession of property and for damages and costs for the wrongful withholding of it …   Useful english dictionary

  • ejectment — noun Date: 1523 1. the act or an instance of ejecting ; dispossession 2. an action for the recovery of possession of real property and damages and costs …   New Collegiate Dictionary

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