Principle

CIVIL PROCEDURE — Trespass — Who May Maintain Action — Possessor Against Anyone but True Owner

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Even a trespasser has possessory rights against all others except the true owner. The law protects possession as a legal interest. A subsequent trespasser cannot justify entry by challenging the prior possessor's title unless they are the true owner. The principle discourages self-help and preserves…

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