Search results
Results From The WOW.Com Content Network
Ejectment is a common law term for civil action to recover the possession of or title to land. [1] It replaced the old real actions and the various possessory assizes (denoting county-based pleas to local sittings of the courts) where boundary disputes often featured.
In general, a property owner has the right to recover possession of their property from unauthorised possessors through legal action such as ejectment.However, many legal systems courts recognize that once someone has occupied property without permission for a significant period of time without the property owner exercising their right to recover their property, not only is the original owner ...
The action to quiet title resembles other forms of "preventive adjudication," such as the declaratory judgment. [2] This genre of lawsuit is also sometimes called either a try title, trespass to try title, or ejectment action "to recover possession of land wrongfully occupied by a defendant." [3]
Depending on the laws of the jurisdiction, eviction may also be known as unlawful detainer, summary possession, summary dispossess, summary process, forcible detainer, ejectment, and repossession, among other terms. Nevertheless, the term eviction is the most commonly used in communications between the landlord and tenant.
Oneida Indian Nation of New York State (Oneida II) (1985), rejecting all of the affirmative defenses raised by the counties in the same action, and City of Sherrill v. Oneida Indian Nation of New York (Sherrill) (2005), rejecting the tribe's attempt in a later lawsuit to reassert tribal sovereignty over parcels of land reacquired by the tribe ...
With respect to the ejectment cause of action, Hall would have held that: "[W]here a plaintiff seeks ejectment damages, rather than restoration of a possession interest, application of the doctrine of laches to such a money damage claim is rarely if ever justified." [27] Hall also would not have applied laches to the trespass cause of action. [28]
The plaintiffs brought an action for ejectment against McIntosh in the United States District Court for the District of Illinois, contending that their chain of title was superior by virtue of Johnson's purchases. The District Court dismissed the claim on the grounds that the Piankeshaw were not able to convey the land.
A common example is where an automobile finance company initiates a replevin action to gain possession of a vehicle, following payment default. Replevin actions are usually employed when the lender cannot find the collateral, or cannot peacefully obtain it through self-help repossession. Replevin actions may also be pursued by true owners of ...