Ejectment is a lawsuit brought by the owner of real property to remove
a party who is unlawfully occupying the property. It differs from an action
for unlawful detainer (eviction) against a non-paying or unsatisfactory
tenant because it is against someone who has tried to claim title to the
property, rather than someone merely unlawfully occupying property.
The following is an example of a state statute dealing with ejectment:
- " A plaintiff commencing an action for the recovery of lands or the
possession thereof has an election to proceed by an action of ejectment
or by an action in the nature of an action of ejectment as is provided
in subsection (b) of this section.
- An action for the recovery of land or the possession thereof in
the nature of an action in ejectment may be maintained without a statement
of any lease or demise to the plaintiff or ouster by a casual or nominal
ejector, and the complaint is sufficient if it alleges that the plaintiff
was possessed of the premises or has the legal title thereto, properly
designating or describing them, and that the defendant entered thereupon
and unlawfully withholds and detains the same. This action must be commenced
in the name of the real owner of the land or in the name of the person
entitled to the possession thereof, though the plaintiff may have obtained
his title thereto by a conveyance made by a grantor who was not in possession
of the land at the time of the execution of the conveyance thereof. The
plaintiff may recover in this action mesne profits and damages for waste
or any other injury to the lands, as the plaintiff's interests in the lands
entitled him to recover, to be computed up to the time of the verdict."
