Eviction

Depriving a person of the possession of his lands or tenements. Technically, the dispossession must be by judgment of law; if otherwise, it is an ouster (32 Iowa, 71), but in modern usage it is commonly applied to dispossession in any manner (44 N. Y. 382; 39 Cal. 360; 98 N. C. 239.) Eviction may be total or partial. (1) Total eviction takes place when the possessor is wholly deprived of his rights in the premises. (2) Partial eviction takes place when the possessor is deprived of only a portion of them; as, if a third person comes in and ejects him from the possession of half his land, or establishes a right to some easement over it, by a title which is prior to that under which he holds. It may be actual or constructive. (3) Actual eviction is where one is, either by force or by process of law, actually put out of possession. (4) Constructive eviction is such acts of wrongful interference as seriously impair the enjoyment of the premises.

132 Mass. 367; 20 N. Y. 281.

Thus, the erection by the landlord on the demised premises, of a permanent structure, which rendered two rooms in the demised house unfit for use, is a constructive eviction.

106 Mass. 201.