MBE Rules · Remedies
Ejectment
Ejectment (Cal.)
The rule
The owner out of possession may recover possession of real property from one wrongfully in possession, plus mesne profits for the period of dispossession.
In plain English
Ejectment is a legal action that allows a property owner who has been wrongfully dispossessed to regain possession of their property. In addition to regaining possession, the owner can also seek compensation for any profits the wrongdoer made from the property during the time they were in possession.
Worked example
Alice owns a piece of land but discovers that Bob has been living on it without her permission for the past year. Alice files an ejectment action against Bob to reclaim her property and also seeks mesne profits for the year Bob occupied the land. The court rules in favor of Alice, allowing her to regain possession and awarding her compensation for the profits Bob earned during that time.
Memory hook
Ejectment: reclaim your space and profits from the wrongdoer’s grasp!
The trap
Exams may present scenarios where the rightful owner has delayed taking action, leading students to mistakenly believe they cannot recover possession. It's crucial to remember that the right to ejectment exists regardless of any delay in asserting ownership.
How examiners test it
Questions often involve fact patterns where a property owner discovers an unauthorized occupant and must determine their rights to ejectment and recovery of profits. Look for details about the duration of possession and any actions taken by the owner.
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