Ejectment
Encyclopedia
Ejectment is 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 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
). 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.
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
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
Eviction
How you doing???? Eviction is the removal of a tenant from rental property by the landlord. Depending on the laws of the jurisdiction, eviction may also be known as unlawful detainer, summary possession, summary dispossess, forcible detainer, ejectment, and repossession, among other terms...
and quiet title
Quiet title
An action to quiet title is a lawsuit brought in a court having jurisdiction over land disputes, in order to establish a party's title to real property against anyone and everyone, and thus "quiet" any challenges or claims to the title....
, respectively.
Originally, an ejectment was concerned with the recovery of possession of land, for example against a defaulting tenant or a trespasser
Trespasser
In the law of tort, property, and criminal law a trespasser is a person who commits the act of trespassing on a property, that is, without the permission of the owner. Being present on land as a trespasser thereto creates liability in the trespasser, so long as the trespass is intentional...
, 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
Legal fiction
A legal fiction is a fact assumed or created by courts which is then used in order to apply a legal rule which was not necessarily designed to be used in that way...
person (such as John Doe
John Doe
The name "John Doe" is used as a placeholder name in a legal action, case or discussion for a male party, whose true identity is unknown or must be withheld for legal reasons. The name is also used to refer to a male corpse or hospital patient whose identity is unknown...
). An action was brought in the name of this tenant often against another fictitious person (often Richard Roe
John Doe
The name "John Doe" is used as a placeholder name in a legal action, case or discussion for a male party, whose true identity is unknown or must be withheld for legal reasons. The name is also used to refer to a male corpse or hospital patient whose identity is unknown...
) 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
Fictitious defendants
Fictitious defendants are real persons a plaintiff believes it has a cause of action against in a lawsuit who, for one reason or another, cannot be identified by the plaintiff before a lawsuit is commenced...
). 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.