ejectment

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 recovery of land from one wrongfully in possession and monetary compensation for his unlawful detention of the land.

      The action, traceable to the Roman law, had its early development in feudal England. By the second half of the 16th century, ejectment was in common use to adjudicate title to any real property. In its technical operation it was highly fictitious, primarily because it was a personal action and not a real action and could be maintained only to right a wrong done to the person. The action of ejectment was preferred against the various forms of real action because of legal complexities that left many landowners either without a remedy or at the mercy of hairline technical procedures in pleading and proof. Thus landowners who wanted to establish their rightful titles would often use fictitious tenants to maintain the ejectment action; because a determination of the legal validity of the landlord's title was necessary to establish a tenant's right to possession, the important outcome of the action, in many cases, was the court's recognition of the landlord's lawful title.

      As a form of action, ejectment fell into disuse in England as a result of the Common Law Procedure Act of 1852. In the United States, ejectment had become part of the law of the colonies but was early reformed to abolish the technical fictions attending the law, thereby making it a title action that could be used directly by any landowner. Today there are ejectment statutes in most U.S. states.

* * *


Universalium. 2010.

Игры ⚽ Поможем сделать НИР

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 — 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… …   Wikipedia

  • 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

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”