Principle

LAND LAW — Trespass to Land — Possession as Basis of Action in Trespass

Area of law: LAND LAW
Court: Supreme Court

Trespass action is founded on possession, not ownership. A person in actual or constructive possession can sue even without title. The principle applies to tort law. The rule protects possessory rights against all except the true owner. The plaintiff must prove exclusive possession at the…

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