Principle

LAND LAW – Trespass and Title – Possession Ascribed to Party with Better Title Where Title Is in Issue

Area of law
LAND LAW
Court
Supreme Court

In trespass actions where the defendant asserts title, the plaintiff must prove better title. The law deems the party with superior title to be in possession. The principle applies to all trespass claims where title is contested. The plaintiff cannot rely solely on physical possession.…

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