EJECTMENT LAWSUITS: OR, “GET OFF MY PROPERTY.”
In Illinois, it is not unusual for two or more parties to fight over who is the rightful owner of real estate, and as the owner has the right to possession of that real estate. When this happens, one party may file a lawsuit for “ejectment.”
An ejectment action asks a court to determine the property’s rightful owner. If the party possessing the land is determined to not be the rightful owner, the court will “eject” that party from the property so that the rightful owner can take possession.
The party bringing the ejectment litigation is called the “Plaintiff.” The Plaintiff must demonstrate to the court that he obtained title to the property and subsequently took possession of that property. Then, that the other party, called the “Defendant” took possession of the land. Finally, the Defendant continues to unfairly possess the property by occupying it.
The best way for a Plaintiff to show a court that he obtained lawful title to property is to produce a deed that conveys the property to the Plaintiff. However, there may be other ways for the Plaintiff to establish that his right to possession of the property is “better” than that of the Defendant. It is a good idea to consult an attorney if you believe you have right to possession of land that another party is occupying.
Keep in mind that the other party’s improper possession may not be total possession of your property, but only a portion of that property. For example, if your neighbor were to build something on your property without your permission, an action for ejectment may be appropriate. Your neighbor is possessing your whole property, but he is unlawfully possessing a portion of it.
Having a good attorney can help further understand if an ejectment lawsuit may be appropriate in a certain situation.
Local attorney Andrew Szocka is experienced in many real estate matters, including ejectment actions. In addition, Andrew provides thorough and speedy estate planning, probate, and business organization help in the Chicagoland area. To schedule a free initial consultation, visit the Law Office of Andrew Szocka, P.C. online or call the office at (815) 455-8430.