Principle

CIVIL PROCEDURE — Claims — Trespass and Declaration of Title — Distinct and Separate Claims

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Trespass and declaration of title are separate claims. A plaintiff may succeed in trespass even if title fails. The principle applies to land disputes. Possession is the basis for trespass. The rule protects possessory rights. The court will consider each claim independently. The principle is…

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.

Get Sanctum Access I’m a member — Log in