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Simple English definitions for legal terms
writ of ejectment
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A quick definition of writ of ejectment:
A writ of ejectment is a legal document used in a court case where someone has been wrongfully kicked out of their property. The person who was kicked out can use this writ to try to get their property back, as well as damages and costs. The writ is used to start the legal action, which is called an action of ejectment. To win the case, the person who was kicked out needs to prove that they own the property, that they were kicked out unfairly, and that they suffered damages. There are different types of ejectment, including equitable ejectment and justice ejectment, which are used for specific situations.
A more thorough explanation:
A writ of ejectment is a legal action taken by a person who has been wrongfully ejected from a property and seeks to recover possession, damages, and costs. It is also the writ by which such an action is begun.
For example, if a landlord evicts a tenant without following proper legal procedures, the tenant can file a writ of ejectment to regain possession of the property and seek damages for the wrongful eviction.
The essential allegations in an action for ejectment are that the plaintiff has title to the land, the plaintiff has been wrongfully dispossessed or ousted, and the plaintiff has suffered damages. This legal action is used to try all disputed titles to real property.
Equitable ejectment is a proceeding brought to enforce specific performance of a contract for the sale of land and for other purposes. Though in the form of an ejectment action, this proceeding is in reality a substitute for a bill in equity.
Justice ejectment is a statutory proceeding to evict a tenant who has held over after termination of the lease or breach of its conditions.
Overall, a writ of ejectment is a legal tool used to regain possession of property and seek damages for wrongful eviction or breach of lease conditions.