Ejectment of Encroachers and Trespassers
It is incredibly frustrating for property owners when another person is encroaching or trespassing upon their property. A property owner’s rights can be violated in many different ways. For example, an adjoining property owner can violate a boundary line by placing a structure such as a gazebo or fence. In more extreme cases, a friend or family member may refuse to leave a home when the agreed time to leave has passed. Criminal squatters may even enter a property illegally with the intent to reside there as long as possible.
The solution for protecting and enforcing property rights is to “eject” the encroaching or squatting occupant. An ejectment action is the type of legal case to remove the occupant or encroaching person from land. Ejectment cases must be brought in the county where the property is located, regardless of where the property owner actually lives. A property owner who files an ejectment action may also include additional claims for rent or other damages due to the other party’s unlawful occupation.
Ejectment actions are often confused with a different type of legal action called an eviction. If an occupant resides in a property arising out of a landlord-tenant relationship, the occupant is a tenant and must be evicted. Ejectments cannot be used for removal of tenants. Sometimes there is a dispute over whether an occupant qualifies as a tenant. The general rule is that if an occupant paid rent in exchange for access to a property, the occupant is tenant and must be evicted. Read my blog post to learn more about the difference between ejectments and evictions HERE.
As a real estate attorney to residential and commercial property owners, I help my clients avoid costly mistakes and resolve legal disputes.
If you know a property owner struggling with a dispute over a boundary or occupant, please forward our contact information:
Phone (484) 690-4613
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