Principle

CIVIL PROCEDURE — Trespass — Possession as Basis for Claim — Claim Not Dependent on Declaration of Title

Area of law
CIVIL PROCEDURE
Court
Supreme Court

A trespass claim stands independently of a declaration of title claim. The plaintiff need only prove actual possession at the time of the trespass. The court must consider possession even if the plaintiff fails to prove title. The principle protects possessory rights. A person in…

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