actual ouster

The actual expulsion of a tenant from the demised premises. If a lessee, to avoid actual expulsion, yields possession and attorris in good faith to one having a title paramount to that of his landlord, and a right to immediate possession, it is equivalent to an actual ouster, since the tenant is not bound to hold unlawfully and subject himself to an action, and is not under any duty to resist such an entry. See 32 Am J1st L & T § 111. See actual eviction.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • actual — Real; substantial; existing presently in fact; having a valid objective existence as opposed to that which is merely theoretical or possible. Opposed to potential, possible, virtual, theoretical, hypothetical, or nominal. Something real, in… …   Black's law dictionary

  • actual eviction — A physical dispossession of a tenant as distinguished from a constructive eviction. 32 Am J1st L & T § 246. See actual ouster …   Ballentine's law dictionary

  • ouster — A putting out; dispossession; amotion of possession. A species of injuries to things real, by which the wrong doer gains actual occupation of the land, and compels the rightful owner to seek his legal remedy in order to gain possession. An ouster …   Black's law dictionary

  • actual eviction — noun the physical ouster of a tenant from the leased premises; the tenant is relieved of any further duty to pay rent • Topics: ↑law, ↑jurisprudence • Hypernyms: ↑eviction, ↑dispossession, ↑legal ouster …   Useful english dictionary

  • actual eviction — An actual expulsion of the tenant out of all or some part of the demised premises. A physical ouster or dispossession from the very thing granted or some substantial part thereof. Cauley v. Northern Trust Co., 315 Ill.App. 307, 43 N.E.2d 147, 155 …   Black's law dictionary

  • legal ouster — noun the expulsion of someone (such as a tenant) from the possession of land by process of law • Syn: ↑eviction, ↑dispossession • Derivationally related forms: ↑dispossess (for: ↑dispossession), ↑evict ( …   Useful english dictionary

  • disseisin in fact — An actual ouster or dispossession of the owner of the freehold which deprives him even of constructive possession, leaving him a mere right of entry or of property. Varick v Jackson (NY) 2 Wend 166 …   Ballentine's law dictionary

  • Chronology of the 2009 Honduran constitutional crisis — Contents 1 September 30, 2008 2 November 11, 2008 3 February 2009 3.1 February 17 …   Wikipedia

  • eviction — evic·tion /i vik shən/ n: the dispossession of a tenant of leased property by force or esp. by legal process actual eviction: eviction that involves the physical expulsion of a tenant constructive eviction: eviction effected by substantially… …   Law dictionary

  • dispossession — I noun abridgment, assumption, bereavement, condemnation, confiscation, dislodgment, disownment, disqualification, distrust, divestment, ejection, eviction, expropriation, expulsion, foreclosure, forfeiture, ouster, privation, removal, taking,… …   Law dictionary

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