§7.02 Ejectment

Ejectment is the common-law action for recovering possession of real property and damages from unlawful occupants. It is not a summary proceeding but a regular civil action with no special trial precedence. [See Chinese Hosp. Found. Fund v Patterson (1969) 1 CA3d 627, 632; Nathan v Dierssen (1913) 164 C 607, 610.] It is unlikely, however, that you will encounter an ejectment action, because the summary proceedings afforded UD and forcible entry and detainer actions allow for much faster return of possession. Nevertheless, ejectment may be the most appropriate cause of action to recover possession when the defendant’s status or the title to the property is at issue. [See Marvell v Marina Pizzeria (1984) 155 CA3d Supp 1, 10–11.]