Ejectment in Florida: Legal Process, Defenses, and How to Prove Title

Ejectment in Florida is a legal proceeding that allows a property owner to remove someone wrongfully claiming possession of real property. Unlike landlord-tenant eviction actions, ejectment is reserved for disputes involving ownership of land, not temporary occupancy rights. It applies only to corporeal hereditaments—that is, tangible ownership interests in land. Easements and similar rights are not subject to ejectment.

This article explains the legal process, defenses, and proof requirements in Florida ejectment actions.

What Is Ejectment?

Ejectment is a lawsuit that seeks to:

• Recover possession of real property, and
• Establish the plaintiff’s right to title.

Unlike actions for forcible entry and unlawful detention, ejectment requires the plaintiff to prove ownership, not just possession. The defendant may also be required to prove their title if challenged.

Filing a Complaint for Ejectment

The Florida Supreme Court has approved a standard form complaint for ejectment. Key elements include:

1. Plaintiff states it is an action to recover possession of real property in a specific county.
2. Defendant is in possession of the described property.
3. Plaintiff attaches a chain of title showing ownership.
4. Defendant refuses to deliver possession or pay profits derived from the property.

While historically ejectment actions sought mesne profits (damages for wrongful use of property), modern Florida practice does not require pleading mesne profits separately.

Proof Requirements in Ejectment Case

At trial, the plaintiff must prove:

• Present right of possession of the property, and
• A valid title or prior possession.

The plaintiff cannot win simply by attacking the defendant’s title. Even if the defendant lacks valid ownership, the plaintiff must prove their own. If title becomes disputed, ejectment transforms into an action to try title, and the ruling becomes res judicata (binding in future disputes).

Defenses to Ejectment in Florida

Several defenses are available to defendants, including:

1. Superior Title Defense – Defendant may show their title is superior to the plaintiff’s, even if acquired after the lawsuit began.
2. Betterment Defense – If the defendant has made improvements to the property, the court may delay removal until compensation is determined.
3. Equitable Defenses – Defendants may assert fairness-based defenses recognized by Florida courts (e.g., reliance on prior agreements).

In Mahoney v. Cooke, 117 Fla. 91, 157 So. 200 (1934), the Florida Supreme Court recognized betterment as a valid defense. Courts generally stay ejectment proceedings while betterment issues are resolved.

Attorney Fees in Ejectment Actions

Florida law does not provide a statutory basis for awarding attorney fees in ejectment actions. Each party typically bears its own legal costs unless another contract or statute applies.

Conclusion: Protecting Property Rights with Ejectment

Ejectment in Florida is a powerful legal tool to recover real property from unlawful possession. To succeed, plaintiffs must prove ownership and a present right to possession, not simply challenge the defendant’s claim. Defendants, in turn, may raise defenses such as betterment or superior title.

Because ejectment cases are complex and often hinge on chain of title and evidence of ownership, consulting with an experienced Florida real estate attorney is essential.

Need help with an ejectment case? Contact a Florida property litigation attorney today to protect your ownership rights.

FAQs About Ejectment in Florida

1. What is the difference between ejectment and eviction?

Ejectment involves ownership disputes, while eviction involves landlord-tenant relationships.

2. Do I need to prove title in an ejectment case?

Yes. Plaintiffs must show they own the property or have a superior right to possession.

3. What is the betterment defense?

It allows defendants who improved the property to seek compensation before removal.

4. Can attorney fees be recovered in ejectment?

Generally no. Florida law does not authorize attorney fees in ejectment unless another law applies.

5. What happens if the defendant proves superior title?

The defendant wins, even if they acquired superior title after the ejectment action began.

For official rules and case guidance, see the Florida Supreme Court Approved Forms.