What action does a tenant in possession use to gain possession from an ousted co-tenant and to recover damages?

What action does a tenant in possession use to gain possession from an ousted co-tenant and to recover damages?

• A. Ejectment
• B. Trespass
• C. Ouster
• D. Condemnation

Answer: (C)

Ouster is the remedy when one co-tenant in possession excludes another from the property. In a shared ownership, each co-tenant has the right to possess the whole property; if one co-tenant bars the other from access, that exclusion is an ouster. The excluded co-tenant can bring an action for ouster to regain possession and to recover damages for the period of exclusion, typically measured by the rent value or fair use of the property during that time. Ejectment is a broader possessory action against someone in possession who isn’t a rightful co-owner, so it’s not the precise remedy for a co-tenant’s exclusion. Trespass is a tort addressing unlawful entry, not specifically a possessory remedy for co-tenants. Condemnation involves eminent domain and isn’t relevant here.

Ouster is the remedy when one co-tenant in possession excludes another from the property. In a shared ownership, each co-tenant has the right to possess the whole property; if one co-tenant bars the other from access, that exclusion is an ouster. The excluded co-tenant can bring an action for ouster to regain possession and to recover damages for the period of exclusion, typically measured by the rent value or fair use of the property during that time. Ejectment is a broader possessory action against someone in possession who isn’t a rightful co-owner, so it’s not the precise remedy for a co-tenant’s exclusion. Trespass is a tort addressing unlawful entry, not specifically a possessory remedy for co-tenants. Condemnation involves eminent domain and isn’t relevant here.