Principle

LAND LAW — Trespass and Declaration of Title — Success in Trespass Does Not Depend on Success of Title Claim

Area of law
LAND LAW
Court
Supreme Court

Trespass and declaration of title are independent claims. A plaintiff may lose on title but still succeed on trespass. The principle applies to land law and tort. The rule allows separate adjudication of distinct causes of action. The court must treat each claim on its…

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