Principle

CIVIL PROCEDURE β€” Trespass to Land β€” Possession as Basis for Trespass β€” Limitation Where Title is Raised

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Trespass protects possession, not title. But if the defendant raises title, the plaintiff must prove better title. The principle applies to land disputes. The rule balances possessory rights with title rights. The plaintiff may succeed on possession alone if title not raised. The principle is…

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