FAQs about Ejectment in Pennsylvania
When you have a squatter in Pennsylvania, ejectment is typically the right course of action. Ejectments are a different form of action than an eviction, which we’ve covered in other articles. Ejectments are an unusual cause of action, but are required under Pennsylvania law in some situations, and recommended in many where you need to obtain possession of real property free from interference.
Ejectment allows you to assert your right to possess a property.
Let’s start with a definition: ejectment is a common law right of action that allows a person who has a right to possess property to remove someone who does not have a right to possess property. What does this mean? This means that an ejectment only requires proving that your right of active “possession” or immediate use of a property is superior to someone else’s—not necessarily that you are the owner of the property.
This is similar to eviction but has important distinctions. While evictions generally deal with someone who was a tenant and had a right to live on the property at some point, an ejectment deals with someone who had no agreement with the landowner to live in the property in the first place. An ejectment is appropriate for squatters, a former owner who refuses to vacate after a sale of land, someone who lived in a property with permission or acquiescence for years and refuses to vacate when told to, and others.
Ejectments are often used after a foreclosure. When someone buys a house and wants to get the old owner or prior tenant out who has not vacated, an ejectment is a proper cause of action because there was no lease between the buyer of the house and the former occupant.
What remedy does an ejectment provide?
An ejectment ultimately provides the same remedy as an eviction: a court order allowing you to legally remove someone from a house or real estate. Ejectments can also pursue the fair market rents and other financial damages you’ve incurred during the tenant’s refusal to vacate the property.
What elements have to be proven to eject someone?
To prevail in an ejectment, you must prove:
- That you have a right to possess the property that is superior to the person currently possessing it; and
- The individual possessing the property has no right to remain there.
What sort of property rights can be vindicated by an ejectment action?
Ejectments can be used on easements, riparian rights, for residential homes and on property owned in any manner as long as the owner is entitled to current possession. Ejectments are not limited to “fee simple” ownership rights.
How do you eject someone?
The right of ejectment begins with a valid complaint filed at the Court of Common Pleas and served on the possessor. Problems that often arise in an ejectment include getting service on the tenant, obtaining discovery, and pushing the case forward through discovery to Summary Judgment or a trial.
Ejectments require insuring technical precision in the complaint and proper discovery aimed at figuring out any defenses before removing the person from the house.
Conclusion: Call Cornerstone Law Firm today
The attorneys at Cornerstone Law Firm have successfully handled many ejectments. If you think you need assistance with an ejectment, call Cornerstone Law Firm to set up a consultation. We will be happy to advise you on your rights and your next steps. Call us today!