Ejectment
Definition:
Ejectment is a legal action used to recover possession of real property from someone who is unlawfully occupying it. The rightful owner or person entitled to possession files an ejectment lawsuit to remove the occupant and regain control of the property. This remedy is typically used when ownership or the right to possession is in dispute. Ejectment ensures that property owners can enforce their legal rights against unauthorized occupants.
Ejectment Information
Historically, ejectment originated as a common law remedy to resolve disputes over land ownership and possession. Unlike eviction, which typically applies to landlord-tenant relationships, ejectment is used when there is no rental agreement or when title ownership is contested. The plaintiff must prove legal ownership or a superior right to possess the property. Once the court rules in favor of the plaintiff, a writ of possession may be issued to remove the occupant. Ejectment actions can also seek damages for wrongful possession or lost use of the property during the unlawful occupation.
Florida Legal Definition
In Florida, ejectment actions are governed by **Chapter 66 of the Florida Statutes**, which outlines procedures for recovering possession of real property. The action may be brought by anyone claiming legal title or a superior right to possession against a person who unlawfully withholds the property. Unlike eviction proceedings under landlord-tenant law, ejectment requires proving ownership rather than a lease violation. Florida courts handle ejectment cases in circuit court, where title disputes and damages can also be adjudicated. The statute ensures due process while providing property owners a means to reclaim possession lawfully.
How It’s Used in Practice
In practice, ejectment is often used in Florida when someone occupies property without permission, such as after a failed sale, foreclosure, or inheritance dispute. Attorneys file ejectment lawsuits to establish rightful ownership and remove unlawful occupants. The process involves filing a complaint, proving title or ownership, and obtaining a court order for possession. Law enforcement may then carry out the court’s order to remove the occupant. Ejectment is an important legal remedy for protecting property rights and resolving disputes outside of landlord-tenant contexts.
Key Takeaways
- Ejectment is a legal action to recover possession of real property from an unlawful occupant.
- It differs from eviction, which applies to landlord-tenant disputes.
- Governed in Florida by Chapter 66 of the Florida Statutes.
- The plaintiff must prove ownership or a superior right to possession.
- Successful actions result in a court order returning possession to the rightful owner.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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