LEGAL PRINCIPLE: LAND LAW – Trespass to Land – Independence of Claim from Declaration of Title

Trespass claims don’t require proving absolute title—possession suffices. A plaintiff in actual possession can sue for trespass even if they lack legal title. This reflects the principle: possession is title against all except those with superior title. Thus, a plaintiff may: fail to prove title against the defendant (who has superior title), but still succeed on trespass if they prove possession and defendant’s interference without right. The trespass claim protects possessory rights; the title claim addresses ownership. These are distinct causes of action with different proof requirements. Trespass requires: possession, interference by defendant, and lack of defendant’s right to interfere. Title requires: proof of ownership chain. A possessor without title can still obtain damages and injunction against trespassers who also lack superior title.