Principle

EQUITY AND TRUSTS – Acquiescence – No Duty to Protest Trespass Where No Reason to Believe Trespasser Mistakenly Claims Right

Area of law
EQUITY AND TRUSTS
Court
Supreme Court

A landowner has no duty to protest trespass if they have no reason to believe the trespasser mistakenly thinks they are acting lawfully. Where the trespasser knows the land belongs to another, there is no misrepresentation, delusion, or inaction encouraging expenditure. The owner's silence does…

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.

Get Sanctum Access I’m a member — Log in