Principle

LAND LAW — Possession — Long Possession by Trespasser — Cannot Found Claim for Declaration of Title Against True Owner

Area of law
LAND LAW
Court
Supreme Court

Long possession by a trespasser does not support a declaration of title against the true owner. The trespasser may sue third parties (strangers) for trespass, but not the true owner. Possession is not title—the true owner's better title prevails. The trespasser cannot obtain a declaration…

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