Principle

TORT LAW — Trespass to Land — Claim for Damages — Need to Prove Possession

Area of law: TORT LAW
Court: Supreme Court

Trespass requires proof of actual possession. The plaintiff must show that they were in possession at the time of the alleged trespass. The principle applies to all trespass claims. The plaintiff may rely on de jure possession if not physically present. However, if the defendant…

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