Legal Definitions - ejectment

Ejectment is a legal action used by someone who has a superior legal right to possess a piece of real property (like land or a building) but is not currently occupying it, against another person who is actually occupying the property without a legal right to do so. Essentially, it's a lawsuit to reclaim physical possession of real estate from an unauthorized occupant. To succeed in an ejectment case, the person bringing the lawsuit must prove they have a stronger, more valid claim to exclusive possession of the property than the current occupant.

Here are a few examples to illustrate:

• Neighbor Encroachment: Imagine a homeowner, Ms. Davies, discovers that her neighbor, Mr. Chen, has built a new fence and a small garden shed that extends three feet onto her property line. Ms. Davies has the legal right to exclusive possession of her entire lot, but Mr. Chen is physically occupying a portion of it with his fence and shed. Ms. Davies could file an ejectment action to legally compel Mr. Chen to remove the encroaching structures and restore her full, undisputed possession of her land.

  This illustrates ejectment because Ms. Davies (the plaintiff) has the legal right to possess the land, but Mr. Chen (the defendant) is in actual, unauthorized possession of a part of it.

• Squatter on Vacant Land: A developer, Apex Properties Inc., owns a large, undeveloped parcel of land intended for a future housing project. When their surveyors visit the site, they discover that an individual has moved a recreational vehicle onto the property and has been living there for several months without permission. Apex Properties Inc. holds the legal title and right to possess the entire parcel. They are not in actual possession of the portion occupied by the RV, while the squatter is.

  This is an ejectment scenario because Apex Properties Inc. (the plaintiff) has the paramount right to possess the land, but the squatter (the defendant) is in actual, unauthorized possession. Apex Properties Inc. would use ejectment to legally remove the squatter and regain full control.

• Revoked Permission to Occupy: Mr. Henderson allowed his adult niece, Sarah, to live in a separate cottage on his rural property rent-free for a few years after she fell on hard times, with the clear understanding that it was a temporary arrangement. Now, Mr. Henderson needs to sell the entire property and has asked Sarah to move out, but she refuses, claiming she has a right to stay. Mr. Henderson holds the legal title and the superior right to possess the entire property, including the cottage, but Sarah is in actual possession of the cottage.

  This demonstrates ejectment because Mr. Henderson (the plaintiff) has the legal right to possess the cottage, but Sarah (the defendant) is in actual possession without a current legal basis, as her permission has been revoked. An ejectment action would allow Mr. Henderson to legally reclaim possession of the cottage.