Section 16-1101 - Parties defendant; joint tenants and tenants in common

Parties defendant; joint tenants and tenants in common

(a) A civil action based upon a cause of action in ejectment, may be brought against:

(1) the person actually occupying the premises claimed, either in person or by tenant; or

(2) both the claimant and his tenant, or other occupant claiming under him; or

(3) if the premises are not actually occupied, a person exercising acts of ownership thereon adversely to the plaintiff.

When a lessee is made a defendant at the suit of a party claiming against the title of the lessee's landlord, the landlord may appear and be made a party defendant in the place of his lessee.

Any person claiming to be in possession may, on motion, be admitted to defend the action.

(b) Joint tenants shall sue jointly in ejectment, but tenants in common may sue either jointly or separately, and any number of tenants in common, less than the whole number entitled, may sue jointly in reference to their undivided interests.

CREDIT(S)

(Dec. 23, 1963, 77 Stat. 564, Pub. L. 88-241, § 1.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., § 16-1101.
1973 Ed., § 16-1101.

Current through September 13, 2012