Principle

LAND LAW — Trespass to Land — Requirement of Exclusive Possession to Maintain Action

Area of law: LAND LAW
Court: Supreme Court

Exclusive possession is required for trespass. The principle applies to land disputes. The plaintiff need not prove ownership. The rule protects possessory rights. If possession is shared, trespass may not lie. The principle is well-established.

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