Principle

LAND LAW β€” Trespass β€” Possession Alone Sufficient to Found Action Even Where Both Parties’ Titles Are Defective

Area of law
LAND LAW
Court
Supreme Court

Trespass action succeeds on proof of exclusive possession, not superior title. Even if both parties have defective title, the possessor can sue a trespasser. The principle applies to tort law. The rule protects possessory rights against all except the true owner. The plaintiff need only…

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