Principle

LAND LAW — Declaration of Title — Trespass and Injunction — Survival of Possessory Claims on Failure of Title Claim

Area of law
LAND LAW
Court
Supreme Court

Even where title is not proved, a plaintiff in possession can succeed in trespass and injunction claims. Possession, not title, is the basis for trespass. The principle applies to land law.

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