LEGAL PRINCIPLE: TORT LAW – Conversion – Title by Possession Against Wrongdoer

This principle establishes a fundamental rule in the law of torts and property: possessory title suffices to maintain conversion or trespass actions against wrongdoers who have no title themselves. The rule operates on multiple levels: (1) Possessory rights—mere possession, even without absolute ownership, creates a property right enforceable against all except those with superior title. (2) Wrongdoer’s disability—a wrongdoer (one who takes goods without legal right) cannot defend by pointing to some third party’s better title. The wrongdoer’s own lack of title is dispositive. (3) Relative nature of title—property rights are relative, not absolute. One need not prove the best title in the world, only better title than the defendant. Against a wrongdoer with no title, possession alone establishes better title. The principle reflects important policy considerations: (1) it protects possessors from wrongful dispossession; (2) it prevents wrongdoers from benefiting from their wrongs by raising jus tertii (title in third parties); (3) it simplifies proof in conversion cases—plaintiffs need only prove possession and taking, not ultimate ownership; (4) it maintains order by protecting peaceful possession. The rule that “possession is title” against wrongdoers means: if A possesses goods and B wrongfully takes them, A can sue B in conversion regardless of whether A owns the goods absolutely. B cannot defend by proving C actually owns the goods—B’s own lack of right is sufficient to establish liability. The true owner C has separate recourse against A if desired, but that doesn’t excuse B’s wrongful taking. This principle applies primarily to chattels (personal property) but reflects broader themes about possessory rights. It ensures that wrongdoers cannot profit from wrongs and that possession receives legal protection even when ownership is disputed or incomplete.