In Florida, when an individual occupies or otherwise possesses real property and refuses to vacate, the typical remedy is to file an eviction or unlawful detainer action to recover possession. However, when that person claims some legal or equitable right to the property, the appropriate legal remedy is an action for ejectment. Ejectment is distinct from other possessory actions such as eviction and unlawful detainer because it is used specifically when the person in possession asserts a right to the property. This claim of right transforms the dispute from a simple issue of removal into a question of entitlement, requiring judicial resolution of competing claims to possession.
Ejectment is a statutory action governed by Chapter 66 of the Florida Statutes and must be brought in the circuit court, which has exclusive original jurisdiction over such cases. The purpose of the action is to allow a party with a superior legal right to possession to recover property from one who is in possession but lacks lawful entitlement. Ejectment is not appropriate when the occupant is merely a tenant or a guest who overstayed their welcome; those scenarios are instead addressed by eviction or unlawful detainer actions, which are filed in county court and governed by summary procedures designed to expedite resolution. In contrast, ejectment follows the general rules of civil procedure and timelines. Thus, where a defendant has five days (excluding weekends and legal holidays) to respond to a lawsuit for eviction or unlawful detainer, they have twenty days to file responsive pleadings to an ejectment action.
To prevail in an ejectment action, the plaintiff must demonstrate a present right to possession of the property and must show that the defendant has wrongfully deprived them of that possession. Ejectment will not lie against a person who is not actually in possession of the property. The nature of the claim is possessory, and therefore it must involve an actual conflict over who has the right to occupy the land at present.
It is also crucial to file the proper possessory action to avoid jurisdictional issues as well. While county courts have jurisdiction over eviction and unlawful detainer actions, circuit courts have exclusive jurisdiction over ejectment. If a case is brought in county court as an eviction or unlawful detainer, but the defendant raises a legal or equitable claim to the property, the county court no longer has jurisdiction over the matter. It must be transferred to the circuit court and proceed as an action for ejectment instead. The presence of a title dispute automatically divests the lower court of jurisdiction and requires a more formal adjudication process.
Ultimately, ejectment is an essential legal remedy for Florida property owners seeking to recover possession from individuals who claim some right to the property. Whether the dispute arises from a failed real estate transaction, a family dispute over inheritance, or any other situation involving conflicting claims to possession, ejectment provides a structured legal process for determining who is lawfully entitled to occupy the property. Due to the legal and procedural complexities involved, individuals seeking to recover possession of real property should seek the guidance of an attorney to ensure their rights are properly asserted and protected in court. With years of experience, the Rice Law Firm is well-equipped to provide knowledgeable counsel in these matters and other legal concerns you may have. If you would like to consult with our Volusia County attorneys and Palm Coast attorneys on these issues or other legal matters, please give us a call at 386-257-1222.
