Legal Definitions - de ejectione firmae

De ejectione firmae was a historical legal action in English common law. It allowed a tenant who held land under a lease for a specific term of years to seek legal recourse if they were wrongfully removed or "ousted" from that land. This action could be brought against the landlord (lessor), a future owner (reversioner or remainderman), or any other third party who unlawfully interfered with the tenant's possession.

Initially, the tenant could only recover financial compensation for the trespass, but over time, the action evolved to allow the tenant to recover possession of the land for the remainder of their lease term, in addition to damages. This historical action laid the groundwork for the modern legal concept of "ejectment," which deals with the recovery of possession of real property.

• Example 1: The Farmer's Lease
  A farmer, Mr. Henderson, leases a 50-acre plot of land from Ms. Davies for a term of seven years to grow crops. Two years into the lease, Ms. Davies decides she wants to develop the land herself and forcibly removes Mr. Henderson, telling him to leave immediately despite his valid lease agreement.

  How this illustrates the term: In this situation, Mr. Henderson, as the lessee for a term of years, has been ousted from his "farm" (the leased land) by his lessor, Ms. Davies. Historically, he would have used an action of de ejectione firmae to recover possession of the land for the remaining five years of his lease and seek damages for the disruption to his farming operations.

• Example 2: The Shopkeeper's Storefront
  Ms. Chen leases a storefront in a bustling commercial district for a five-year term to operate her boutique. A year into her lease, a neighboring property owner, Mr. Patel, mistakenly believes a portion of Ms. Chen's leased space is part of his property and begins construction that encroaches upon and effectively takes over a significant part of Ms. Chen's store, forcing her to close.

  How this illustrates the term: Here, Ms. Chen is the lessee for a term of years, and she has been ousted from her leased property by a "stranger" (Mr. Patel) who has no legal right to her leased space. An action of de ejectione firmae would have been the historical remedy for Ms. Chen to recover her leased storefront and claim damages for the business interruption caused by Mr. Patel's encroachment.

• Example 3: The Apartment Tenant and New Owner
  Mr. and Mrs. Rodriguez sign a two-year lease for an apartment. Six months later, their landlord sells the entire building to a new owner, ABC Properties (a "reversioner" in legal terms, as they now hold the future interest in the property). ABC Properties, wanting to renovate and re-rent at higher rates, serves the Rodriguezes with an eviction notice, demanding they vacate the apartment immediately, despite their remaining 18 months on the lease.

  How this illustrates the term: The Rodriguezes are lessees for a term of years who have been ousted by a reversioner (the new owner, ABC Properties). Historically, they could have initiated an action of de ejectione firmae to assert their right to continue occupying the apartment for the remainder of their lease term and potentially seek damages for the attempted wrongful eviction.