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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 phrase formed part of the title of the old action of ejectment. [1] Thus, a case titled Jones v. Doe ex dem. Smith would signify that the nominal defendant, Doe, is the hypothetical person holding the estate "on the demise" of, i.e. by a lease from, real defendant Smith. Jones is the plaintiff. [2] [3] [4]
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.
A writ of execution (also known as an execution) is a court order granted to put in force a judgment of possession obtained by a plaintiff from a court. [1] When issuing a writ of execution, a court typically will order a sheriff or other similar official to take possession of property owned by a judgment debtor.
An action to quiet title is a lawsuit brought in a court having jurisdiction over property disputes, in order to establish a party's title to real property, or personal property having a title, of against anyone and everyone, and thus "quiet" any challenges or claims to the title.
Confession of judgment is a legal term that refers to a type of contract (or a clause with such a provision) in which a party agrees to let the other party enter a judgment against them.
It was generally assumed, but untested, that aboriginal title could be vindicated by causes of action such as ejectment and trespass. [78] Seneca Nation of Indians v. Christy (1896), the first aboriginal title claim by an indigenous plaintiff to reach the U.S. Supreme Court, typifies the state of the law up until that point, and largely until ...