Ejectment as a Cause of Action in New York

Ejectment is a legal remedy that allows a property owner to reclaim possession of real estate from someone who is wrongfully occupying it. Unlike landlord-tenant disputes, which are typically handled through eviction proceedings, ejectment is used when there is no landlord-tenant relationship or when the issue involves ownership rights rather than just possession. In New York, a plaintiff must satisfy specific requirements to bring a successful ejectment claim.

Ownership of a Recognized Estate in Real Property

The first element requires the plaintiff to be the legal owner of a specific interest in the property. This ownership must be in the form of a recognized estate, such as full ownership (fee simple), a life estate, or a lease for a term of years. This means the plaintiff must have more than a temporary or informal claim—they must hold a legally valid title or lease that the court will recognize.

The claim can be brought by an individual, a business, or any legal entity that has a formal interest in the property. Without this ownership, the plaintiff has no legal standing to bring an ejectment action.

Right to Immediate Possession

Next, the plaintiff must have a current right to possess the property. It is not enough to own it; the plaintiff must also be entitled to occupy or control it at the time the lawsuit is filed. If someone else has a legal right to stay on the property—such as a current tenant with a valid lease—the plaintiff may not yet have the right to possession and will need to wait until that right becomes active.

This requirement ensures that the plaintiff is not bringing a premature or speculative claim and is actually entitled to use the property now.

Unlawful Ouster or Withholding of Possession by the Defendant

The third element requires that the plaintiff has been wrongfully kept off the property by the defendant. This could mean being physically removed, denied access, or simply prevented from using the property by someone who refuses to leave. The key is that the plaintiff did not voluntarily give up possession, and the defendant is occupying the property without a legal right to do so.

The defendant must also currently be in possession of the property for an ejectment claim to proceed. If the defendant has already left, the claim may no longer be appropriate.

Conclusion

Ejectment is a powerful legal tool for reclaiming property in New York when someone is wrongfully occupying it. To succeed, the plaintiff must show that they own a valid interest in the property, that they have a right to possess it now, and that the defendant is unlawfully holding onto it. By focusing on legal ownership and current possession, this cause of action helps resolve disputes where property rights have been violated and no other remedy, like eviction, fits the situation.

Find the Law

“To prevail on a cause of action for ejectment, ‘the plaintiff must (1) be the owner of an estate in fee, for life, or for a term of years, in tangible real property, (2) with a present or immediate right to possession thereof, (3) from which, or of which, he has been unlawfully ousted or dismissed by the defendant or his predecessors, and of which the defendant is in present possession.’ Jannace v Nelson, L.P., 256 A.D.2d 385, 385-386 (2nd Dept 1998).” 24 HENRY STREET GROUP, INC. v. AH KHEON SOO, 2008 N.Y. Slip Op. 32830, 13 (N.Y. Sup. Ct. 2008)