Ouster by abatement Law and Legal Definition

Ouster by abatement is a common law expression which is, where a person dies seized of an estate of inheritance, and before the heir or devisee enters, a stranger who has no right enters and gets possession of the freehold.

Ouster by abatement is a figurative expression, to denote that the rightful possession of the freehold of the heir or devisee is overthrown by the rude intervention of a stranger, and is always consequent upon the descent or devise of an estate in fee-simple. [Brown v. Burdick, 25 Ohio St. 260, 268 (Ohio 1874)].