{"id":16006,"date":"2018-05-14T17:27:05","date_gmt":"2018-05-14T17:27:05","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=16006"},"modified":"2018-05-14T18:58:49","modified_gmt":"2018-05-14T18:58:49","slug":"ejectment","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=16006","title":{"rendered":"(action for) ejectment – a legal action by which a title holder who has been dispossessed and suffered damages seeks to recover possession, damages, and costs"},"content":{"rendered":"

\u00a0 \u00a0 \u00a0This page is continued from Tenancy<\/a> >>>> Possession<\/a>>>>> Adverse Possession<\/a>\u00a0>>>> interruption of possession (or prescription)<\/a>:<\/strong><\/span><\/p>\n

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ejectment<\/span>:<\/span>
\n<\/strong><\/span>(16c.)<\/span><\/p>\n

1. The ejection <\/span>of an owner or occupier from property. <\/strong><\/span><\/p>\n

2. A legal action by which a person wrongfully ejected from property seeks to recover possession, damages, and costs. <\/strong><\/span><\/p>\n

3. The writ by which such an action is begun. \u00a0The essential allegations in an action for ejectment are that:<\/strong><\/span><\/p>\n

1.) The plaintiff has title to the land.<\/strong><\/span><\/p>\n

2.) The plaintiff has been wrongfully dispossessed or ousted.<\/strong><\/span><\/p>\n

3.) The plaintiff has suffered damages. <\/strong><\/span><\/p>\n

\u2014 aka<\/span>\u00a0action of ejectment<\/em><\/span><\/strong>; action for the recovery of land<\/em><\/strong><\/span>; ejection<\/em><\/strong><\/span>.\u00a0[1]<\/span><\/span><\/p>\n

1. 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.\u00a0<\/span>\u00a0Kingsnorth v Baker,\u00a0<\/em>213 Mich 294, 182 NW 108<\/span>.<\/span><\/span><\/strong><\/p>\n

At common law, a purely possessory action; even as modified by statute, and though based upon title, it is essentially of that nature.\u00a0<\/span> 25 Am J2d Eject\u00a0\u00a7 1<\/span>.<\/span><\/strong>\u00a0[2]<\/span><\/p>\n

1. An action at common law for the right to possession of land.<\/strong>\u00a0<\/em>[3]<\/span><\/p>\n

\u00a0 \u00a0<\/span> \u00a0Excerpt from George W. Warvelle’s\u00a0<\/span>A Treatise on the Principles & Practice of the Action of Ejectment<\/em><\/a>:<\/span><\/span><\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u201cThe evolution of the action of ejectment from its primitive form as a mere action of trespass, enabling a lessee of lands to recover damages when ousted of his possession, through a series of most ingenious fiction, which were afterwards added to enable him to recover possession as well, until its final establishment as the proper method of trying all disputed titles to real property, presents to the student of legal science one of the most interesting studies that the history of the law affords. \u00a0Few remedies have passed through so many changes of form, both in pleading and practice, and yet retained the same distinctive character that marked their origin.<\/span>\u201d\u00a0<\/strong>[4]<\/span><\/p>\n

\u00a0 \u00a0<\/span> \u00a0Excerpt from R.F.V. Heuston’s<\/span>\u00a0Salmond on the Law of Torts<\/a><\/em>:<\/span><\/span><\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201cAny person wrongfully dispossessed of land may sue for the specific restitution of it in an action of ejectment. Originally this action was a special variety of trespass and available only to leaseholders, but in time and by the aid of the most elaborate fictions it came to be used by freeholders also. \u00a0All these fictions have now been swept away; in theory even the term ejectment has been replaced by the term action for the recovery of land. The older term is, however, replaced in practice.<\/span>\u201d\u00a0<\/strong>[5]<\/span><\/p>\n

Related Term:<\/span><\/strong><\/span><\/p>\n

ejection<\/span> – 1. An expulsion oby action of law or by actual or threatened physical force.<\/strong> \u00a0See OUSTER. \u00a02. EJECTMENT<\/span>.<\/strong> [1]<\/span><\/p>\n

ejector <\/span>–<\/strong> n.<\/em> (17c) Someone who ejects, puts out, or dispossesses another.<\/strong><\/span><\/p>\n