Principle

TORT LAW — Trespass to Land — Possession as Basis for Trespass — Person with Defective Title May Maintain Trespass Action

Area of law
TORT LAW
Court
Supreme Court

Possession, not title, is the basis for trespass. The principle applies to land disputes. The plaintiff must prove exclusive possession. The rule protects possessory rights. The true owner may defeat the claim. The principle is well-established.

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