Definition of Ejectment
Ejectment is a legal action used to recover the possession of real property from an individual or entity that is unlawfully occupying it, especially in cases where no lease exists. Ejectment serves as a remedy for rightful property owners or parties who possess legal interest in real estate to evict those without legal right to occupy the premises.
Example
One common example is when a holder of a conditional sales contract initiates an action in ejectment to regain possession of a property after the buyer defaults on their payment obligations.
Frequently Asked Questions
What constitutes an unlawful occupant in case of ejectment?
An unlawful occupant may include squatter, trespassers, or any individual occupying property without legal right or title, excluding lawful tenants who are subject to different eviction procedures.
How is ejectment different from eviction?
Eviction generally refers to the removal of a tenant from a property due to breach of lease terms or non-payment of rent, and follows specific landlord-tenant statutes. Ejectment, on the other hand, deals with property possession from non-tenants without a legal claim.
Is a court order necessary for ejectment?
Yes, a court order is typically required for ejectment. It authorizes the legal right to reclaim possession of the property and allows law enforcement to intervene if necessary.
Can ejectment be applied to residential and commercial properties?
Ejectment can be applied to both residential and commercial properties as long as there is an unlawful occupant and no existing lease agreement.
How long does an ejectment process typically take?
The duration of an ejectment process can vary widely depending on jurisdiction, court schedules, and the specific circumstances of the case. It can range from a few months to over a year.
Eviction
Eviction is the legal process of removing a tenant from rental property, typically initiated by the landlord due to a rental agreement breach, such as non-payment of rent or violation of lease terms.
Quiet Title Action
A quiet title action is a lawsuit filed to establish ownership of real property and to “quiet” any challenges or claims to the title. It can be used to resolve disputable claims on a property.
Adverse Possession
Adverse possession is a process by which someone can gain legal ownership of property by openly occupying it for a certain period, under specific conditions, without the permission of the original owner.
Leasehold Estate
A leasehold estate is a tenant’s right to occupy and use real property during the term of a lease, subject to the conditions agreed upon in the lease contract.
Fee Simple
Fee simple is the most extensive ownership interest in real property, providing the owner with the ability to use the property indefinitely and to transfer ownership.
Online Resources
References
- “Real Property Law,” by Gilbert Law Summaries, 2017.
- “Landlord’s Legal Kit for Dummies,” by Robert S. Griswold and Laurence Harmon, 2014.
- “Principles of Real Estate Practice,” by Stephen Mettling and David Cusic, 2020.
Suggested Books for Further Studies
- “Real Estate Law,” by Marianne Jennings, 9th edition, 2012.
- “Property: A Contemporary Approach,” by John G. Sprankling and Raymond R. Coletta, 2012.
- “Understanding Property Law,” by John G. Sprankling, 4th edition, 2017.
Real Estate Basics: Ejectment Fundamentals Quiz
### What is an ejectment?
- [ ] A process of removing a lawful tenant.
- [ ] A voluntary relinquishment of property.
- [x] A legal action to regain possession of real property.
- [ ] A form of rental compensation.
> **Explanation:** Ejectment is a legal action used to regain possession of real property from an unlawful occupant that does not have legal right or lease.
### Which scenario most likely requires ejectment over eviction?
- [x] An occupant without a lease agreement.
- [ ] A tenant failing to pay rent.
- [ ] Tenants violating lease agreements.
- [ ] Subtenants staying beyond the lease term.
> **Explanation:** Ejectment is applied when the occupant does not have a lease agreement, distinguishing it from eviction which involves tenants violating lease terms.
### Who can initiate an ejectment action?
- [x] The rightful owner or legal possessor of the property.
- [ ] Any neighboring property owner.
- [ ] The local housing authority.
- [ ] The mortgage holder without ownership rights.
> **Explanation:** The rightful owner or someone with a legal interest in the property can initiate an ejectment action.
### When is a court order necessary in an ejectment case?
- [ ] When initiating the ejectment process.
- [x] To authorize the legal reclaim of possession and involve law enforcement.
- [ ] Only if the occupant contests the claim.
- [ ] Only for commercial properties.
> **Explanation:** A court order is essential to authorize the reclaim of property possession and to allow potential law enforcement involvement.
### Can ejectment be used for a property used for housing and business?
- [x] Yes, it applies to both residential and commercial properties.
- [ ] No, it's exclusive to residential properties.
- [ ] Only for new constructions.
- [ ] Only when there are no existing tenants.
> **Explanation:** Ejectment applies to both residential and commercial properties when faced with unlawful occupants.
### How does ejectment differ from quiet title actions?
- [ ] Ejectment resolves title disputes.
- [x] Ejectment focuses on regaining possession from unlawful occupants.
- [ ] Both serve the same purpose.
- [ ] Quiet title actions are only about evicting tenants.
> **Explanation:** Ejectment aims to regain possession from unlawful occupants, while quiet title actions resolve title disputes.
### Does the duration of the property occupation affect the right to initiate ejectment?
- [x] No, unlawful occupation justifies ejectment regardless of duration.
- [ ] Yes, it must be less than a year.
- [ ] Only if more than ten years.
- [ ] Only for short-term occupation.
> **Explanation:** Unlawful occupation justifies the initiation of an ejectment action regardless of the occupation's duration.
### What aspect can delay an ejectment process?
- [x] Court schedules and legal proceedings.
- [ ] Immediate possession rights.
- [ ] Direct negotiation with the occupant.
- [ ] The type of property.
> **Explanation:** Legal proceedings and court schedules can significantly delay the ejectment process.
### What kind of payment default can lead to an ejectment action?
- [ ] Rent payment default in a lease agreement.
- [x] Payment default within a conditional sales contract.
- [ ] Utility payment defaults.
- [ ] Overdue maintenance charges.
> **Explanation:** Payment default in a conditional sales contract can lead to an ejectment action, unlike rent payment defaults leading to eviction.
### What does the ejectment process usually result in?
- [x] The removal of an unlawful occupant and repossession of property.
- [ ] Mortgage refinancing.
- [ ] Leasing the property to new tenants.
- [ ] Selling the property's title.
> **Explanation:** The so result of an ejectment process is the removal of unauthorized occupants and the repossession of the property.
