Legal Definitions - ejectione firmae

The term ejectione firmae is a historical legal concept from English common law. It refers to a specific type of lawsuit that a tenant (someone leasing property) could bring to recover possession of land from which they had been wrongfully expelled or ejected. Essentially, it was an action to get back leased property after being unlawfully removed, asserting the tenant's right to possession under their lease agreement. Over time, this action evolved into the more general "ejectment" action, which became a primary way to resolve disputes over who had the right to possess real property.

Here are some examples illustrating the application of ejectione firmae:

• Example 1: Commercial Lease Dispute

  Imagine a small business owner, Ms. Chen, who has a valid five-year lease for a retail storefront in a bustling market. Two years into her lease, the landlord decides to sell the building. The new owner, Mr. Davies, mistakenly believes that all existing leases are void upon sale and forcibly changes the locks on Ms. Chen's shop, preventing her from accessing her business premises and inventory.

  In this scenario, Ms. Chen, as the tenant, would historically have initiated an ejectione firmae action to assert her right to possession under her valid lease. This legal action would have aimed to compel Mr. Davies to restore her access to the storefront and allow her to continue operating her business for the remainder of her lease term.

• Example 2: Agricultural Land Tenancy

  Consider a farmer, Mr. Rodriguez, who leases several acres of farmland for a period of ten years to grow crops. After three years, a neighboring landowner, believing a portion of Mr. Rodriguez's leased land actually belongs to them, erects a fence across a significant part of the cultivated field, effectively cutting off Mr. Rodriguez's access to his crops and denying him use of the land he leased.

  Historically, Mr. Rodriguez could have brought an ejectione firmae action. This legal recourse would have allowed him to challenge the neighbor's encroachment, prove his right to possession of the entire leased acreage, and ultimately have the fence removed, thereby recovering full use and possession of the farmland as stipulated in his lease agreement.

• Example 3: Residential Rental Eviction

  Suppose a family, the Johnsons, leases a house for a year. Three months into their lease, the landlord receives an offer to sell the property to a buyer who wants to move in immediately. Despite the Johnsons' valid lease, the landlord serves them with an unlawful eviction notice and then changes the locks while the family is away, preventing them from re-entering their home and accessing their belongings.

  In this situation, the Johnsons, as tenants with a legal right to occupy the property, would have historically used an ejectione firmae action. This lawsuit would have been their means to legally challenge the wrongful eviction, assert their continuing right to possession under the lease, and compel the landlord to restore their access to the house for the remainder of their rental period.