Ejectment - Definition - Law Dictionary Home Dictionary Definition ejectment

Definition :

Ejectment, the 'mixed' action at Common Law to recover the possession of land (which is real), and damages and costs for the wrongful withholding of the land (which are personal).

Until abolished by the (English) C.L.P. Act, 1852, s. 168, the forms of this action exhibited the most remarkable string of fictions then recognized by the Courts of Common Law. The action was commen-ced by the party claiming title delivering to the party in possession a declaration in which the plaintiff (John Doe) and the defendant (Richard Roe) were fictitious persons. The declaration stated that a lease of the premises in question for a term of years had been made by the party claiming the title (who was the real plaintiff) to John Doe, who entered upon the land by virtue of such demise, and that afterwards Richard Roe, the casual ejector, entered and ousted John Doe during the continuance of his term. Appended to this declara-tion was a notice signed by Richard Roe, addressed to the tenant in possession (who was the actual defendant), informing him of the action brought by the lessee, and that Richard Roe had no title to the premises, and advising him to appear at a certain time and defend his title, otherwise he, Richard Roe, would suffer judgment by default, by which the actual tenant would be turned out of possession by the sheriff under a writ of habere facias poss-essionem. The title of the action, after the tenant's appearance, stood thus:'Doe (the fictitious lessee), on the demise of (the lessor or person really claiming the title), against (the real defendant, the casual ejector Richard Roe having withdrawn). See A Cent. of Law Reform, p. 124.

This fictitious procedure was abolished by the C.L.P. Act, 1852, which substituted a simple writ claiming the land sought to be recovered from the party in possession, but did not allow any pleadings, as in other forms of actions. Under the Judicature Act the name of the action was changed to 'Recovery of Land.' See that title.

Possession can be obtained by a landlord against his tenant by summary proceedings before two justices, under the Small Tenements Recovery Act, 1838 (1 & 2 Vict. c. 74), where the term exceeds not seven years, and the rent is not more than 20l., no fine being reserved; and in a county Court, under the County Courts Act, 1934, ss. 48, 49, 179, on the expiration of notice to quit, or on half a year's rent being in arrear if the contract of tenancy contain a proviso for re-entry, and there be no sufficient distress on the premises; while by s. 48 of the same Act a general jurisdiction in ejectment is given in cases where neither the value of the premises nor the rent payable in respect thereof exceeds 100l. a year.

As to mesne profits, see that title. See also RENT RESTRICTION.

The ejection of an owner or occupier from property, Black's Law Dictionary, 7th Edn.