Legal Definitions - writ of ejectment

A writ of ejectment is a formal legal order issued by a court that commands a person to vacate a property and restores physical possession of that property to its rightful owner. It is typically issued after a successful lawsuit where the court has determined that someone is unlawfully occupying another's land or building, and the rightful owner is entitled to regain control.

• Expired Lease Holdover: Imagine a business owner who leased a commercial storefront for five years. When the lease term ends, the landlord expects the tenant to move out. However, the tenant refuses to leave, claiming they have a right to stay despite the lease agreement clearly stating its expiration. The landlord then sues to regain possession of the property. If the court rules in favor of the landlord, a writ of ejectment would be issued, compelling the tenant to vacate the commercial space and allowing the landlord to take back control.
• Property Boundary Dispute: Consider two neighboring landowners who have a dispute over a small strip of land along their shared boundary. One neighbor has built a small shed and extended their garden onto this disputed strip, which the other neighbor claims is rightfully theirs. After a lengthy legal battle, the court determines that the strip of land indeed belongs to the second neighbor. To enforce this judgment, the court would issue a writ of ejectment, ordering the first neighbor to remove their shed and garden improvements and surrender possession of that specific strip of land to the rightful owner.
• Post-Foreclosure Occupancy: Suppose a homeowner defaults on their mortgage, and the bank legally forecloses on the property, selling it to a new owner at auction. Despite the sale being finalized and the new owner holding the title, the previous homeowner or other occupants refuse to leave the premises. The new owner, having legally acquired the property, would then petition the court for a writ of ejectment. This writ would be served to compel the former occupants to vacate the property, allowing the new owner to take physical possession of their legally purchased home.