What legal process is used to remove a person from possession of real estate?

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The legal process used to remove a person from possession of real estate is eviction. This procedure is typically initiated when a landlord or property owner seeks to regain possession of a property that has been rented or leased to a tenant. Eviction involves a formal legal process that often requires filing a complaint with the court, obtaining a judgment, and executing that judgment by having local law enforcement remove the tenant if they do not vacate the premises voluntarily.

Eviction is distinct from other processes that may relate to real estate, such as forfeiture, which usually involves the loss of property without compensation due to illegal activity or breach of contract. Reconveyance refers to the legal process where a property’s title is transferred back to the borrower after they have paid off a mortgage. A judicial sale involves a court-ordered sale of property, typically to satisfy a debt or judgment, but does not specifically pertain to removing a tenant from a rental property. Thus, eviction is the precise legal mechanism for removing an individual from real estate possession.

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