Understanding Ejectment
Ejectment is a common-law legal remedy used to regain possession of real property from someone occupying it without a legal right. Unlike eviction, which typically applies to landlord‑tenant disputes and lease violations, ejectment resolves disputes over ownership or a superior right to possession when no landlord‑tenant relationship exists.
Key elements of an ejectment action
- Rightful ownership: The plaintiff must show a valid, superior claim to the property (deed, title, purchase agreement).
- Wrongful possession: The defendant occupies the property without permission or legal right.
- Exclusive right: The plaintiff’s claim must be exclusive — no other party has a superior right to possession.
- Request for recovery: The plaintiff asks the court to award possession of the property.
Evidence commonly used
- Deeds and title documents
- Closing statements and purchase agreements
- Probate or estate records (when relevant)
- Affidavits, photographs, and any documentation proving lack of permission
How ejectment works in real life
Ejectment is a civil lawsuit. The plaintiff files a complaint, proves superior title or right to possession, and seeks a court order requiring the occupant to vacate. Because it determines ownership or superior possession rights, ejectment often proceeds more slowly than summary eviction proceedings.
Common scenarios
- Post‑foreclosure occupation: A buyer or lender that acquires title at a foreclosure sale may need to file ejectment to remove the former owner who refuses to leave.
- Disputed sales: If a seller keeps possession after closing, the buyer can bring ejectment using the deed and closing documents to prove title.
- Estate disputes: Executors or administrators may file ejectment to remove heirs or others not entitled to remain in the decedent’s property.
- Squatters: When unauthorized occupants occupy vacant or neglected property and no lease exists, the owner typically pursues ejectment to reclaim possession.
Ejectment vs. Eviction
| Aspect | Ejectment | Eviction |
|---|
| Relationship | No landlord‑tenant required | Landlord‑tenant relationship required |
| Purpose | Resolve ownership/possession disputes | Enforce lease terms or address nonpayment |
| Court | Usually civil or sometimes probate court | Typically housing or landlord‑tenant court |
| Speed | Slower — full civil process | Often faster — summary proceedings |
| Example | Former owner remains after sale | Tenant fails to pay rent |
What homebuyers and owners should know
- Clear title matters: Title searches and title insurance reduce the risk of possession disputes.
- Keep documentation: Retain deeds, closing packages, and title policies to prove ownership if needed.
- Expect litigation: Ejectment is a lawsuit — it can be lengthy and may require legal counsel.
- Financial impact: Ejectment disputes can delay sales, complicate financing, and reduce property value if unresolved.
Bottom line
In short, ejectment is the legal process used to recover possession of real property when someone occupies it without a legal right and no landlord‑tenant relationship exists. It’s the remedy for ownership or possession disputes — commonly used after foreclosures, disputed closings, estate issues, and against squatters — and relies on proving superior title or right to possession in court.
