Writ of Ejectment Law and Legal Definition

Writ of ejectment is the name of a process issued by a party claiming land or other real estate, against one who is alleged to be unlawfully in possession of it. It is a writ in an action of ejectment for the recovery of land. Ejectment is a legal action by which a person wrongfully ejected from property seeks to recover possession, damages, and costs. The action is commenced by a writ. The action for ejectment should allege that the plaintiff has title to the land, the plaintiff has been wrongfully dispossessed or ousted, and as a result the plaintiff has suffered damages.

The following is an example of a case law on writ of ejectment:

The writ of ejectment has changed dramatically in the centuries since its narrow origin. Today, the right to possession is the central element of the action; not the claim of ouster. The writ of ejectment has long been the general method for obtaining possession of real property. The writ has expanded from a tenant's remedy and has long since been available to fee claimants and all others who assert the right to possession of estates in real property. Yet it has never been suggested that a fee claimant need allege entry and ouster in order to succeed in ejectment. Rather, the cases involving fee claimants speak only of the right to possession by one not presently in possession. [Soffer v. Beech, 487 Pa. 255, 261-262 (Pa. 1979)]