Legal Definitions - justice ejectment

Justice ejectment refers to a legal action initiated in a lower court, often presided over by a justice of the peace or a magistrate, to recover possession of real property (such as land or buildings) from someone who is wrongfully occupying it. It is a specific type of "ejectment" action, distinguished by the court in which it is heard, typically implying a more streamlined or summary process for straightforward disputes over possession.

Here are some examples illustrating how "justice ejectment" applies:

• Example 1: Overstaying Tenant

  Imagine a landlord whose tenant's lease expired three months ago. Despite repeated notices, the tenant refuses to vacate the apartment and has also stopped paying rent. The landlord needs to regain possession of their property quickly to prepare it for a new tenant.

  How it illustrates the term: In many jurisdictions, the landlord could file a "justice ejectment" action in a local justice court or magistrate court. This legal process allows for a relatively fast hearing and resolution compared to a higher civil court, enabling the landlord to legally remove the overstaying tenant and recover possession of their apartment.

• Example 2: Minor Property Encroachment

  Consider a homeowner who discovers that their neighbor has built a small garden shed that extends a few feet onto the homeowner's undeveloped backyard property. The homeowner wants the shed removed from their land to reclaim their full property.

  How it illustrates the term: Instead of initiating a lengthy and potentially costly lawsuit in a higher court, the homeowner might be able to file a "justice ejectment" action in a local justice court. This court can hear the dispute over the wrongful occupation of that small strip of land and issue an order for the neighbor to remove the encroaching structure, thereby restoring full possession to the rightful owner.

• Example 3: Unlawful Occupancy of Vacant Property

  A property owner owns a vacant commercial building that they are preparing to sell. They discover that an unknown individual has moved into the building without permission, setting up a temporary living space. The owner needs a swift legal process to remove this unauthorized occupant and secure their property.

  How it illustrates the term: A "justice ejectment" action would be an appropriate legal avenue here. The property owner can bring the case before a justice of the peace or a similar lower court, which can quickly determine the lack of legal right to occupy and issue an order for the squatter's removal, allowing the owner to regain lawful possession of their building.