Kenneth Vercammen, Esq is Chair of the ABA Estate Planning & Probate Committee and presents seminars to attorneys and the public on Wills, Probate and other legal topics related to Estate Planning and Elder law.
To schedule a confidential consultation, call

Kenneth Vercammen & Associates, P.C.

2053 Woodbridge Avenue - Edison, NJ 08817

(732) 572-0500

Sunday, October 9, 2016

Ejectment Actions

Ejectment Actions
Ejectment is a legal action brought by a plaintiff under N.J.S.A. 2A:35-1 and R. 4:59-2, claiming a right to possess real property against a defendant who currently possesses the property. In New Jersey, the common law action of ejectment was replaced by N.J.S.A. 2A:35-1, which states, “Any person claiming the right of possession of real property in the possession of another or claiming title to such real property, shall be entitled to have his rights determined in an action in the Superior Court.” It differs from a summary dispossess action under N.J.S.A. 2A:18-53 which permits the removal of tenants or lessees under certain circumstances (e.g., holdover tenants, defaults in rent, and certain violations of the leasing agreement), but does not involve claims to title of the property. Ejectment actions should be brought in the Law Division.

No comments: