real property law · claim
Ejectment is a civil lawsuit through which a property owner can regain possession of their property from a tenant or intruder who occupies the land without authorization. It focuses on the right to possession rather than ownership of the property.
The plaintiff must demonstrate that they have a valid legal right to possess the property in question.
What to prove: The plaintiff must show they hold ownership or a legal interest in the property that entitles them to possession.
The plaintiff must establish that the defendant is currently in possession of the property without proper legal authorization.
What to prove: The plaintiff must demonstrate that the defendant occupies the property without a lawful claim to do so.
The plaintiff must usually show that they requested the defendant to vacate the property prior to initiating the ejection action.
What to prove: The plaintiff must prove that they made a lawful demand for possession and that the defendant failed to comply.
The plaintiff bears the burden of proof and must establish their claims by a preponderance of the evidence.
Ejectment often appears on exams through hypothetical scenarios involving disputes over property occupation and rightful possession, requiring analysis of the elements of the claim.