Ouster Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Ouster, written in plain English, along with examples of how it is used.
What is Ouster?
It refers to the forceful or purpose removal or eviction from the rightful ownership of the property. It is a wrongful desposition of the actual owner from ownership.
History and Meaning of Ouster
Ouster is a legal term that has been used for centuries to describe the wrongful removal of a property owner. It refers to the forceful or purposeful eviction of a rightful owner from the ownership or possession of their property. The term has its origins in the English common law, where it was first used in reference to the wrongful dispossession of landowners from their property.
In modern legal usage, ouster refers to the act of removing a person from their rightful ownership or control of assets or property. This can occur through physical means, such as changing locks or demolishing a fence, or more subtle methods, such as fraud or deceit. Whatever the method, the effect is the same: the rightful owner is forced out and loses control over their property.
Examples of Ouster
- A landlord changes the locks on a tenant's apartment without legal cause, preventing the tenant from entering and using the property.
- An executor of a will sells an heir's portion of an estate without their knowledge or consent, divesting them of their rightful inheritance.
- A business partner fraudulently transfers ownership of a shared asset to another entity, denying the other partner their rightful control over the property.
- A government agency seizes private property without providing fair compensation, essentially forcing the property owner to relinquish their control over the asset.
Legal Terms Similar to Ouster
Ejectment, dispossession, and trespass to chattels are all related legal terms that involve the wrongful removal of property or assets from their rightful owner. Ejectment is often used interchangeably with ouster and refers specifically to the removal of real property or land. Dispossession is a broader term that can refer to the wrongful removal of any type of asset, while trespass to chattels refers specifically to the wrongful interference with or use of personal property.