Principle

TORT LAW – Trespass and Injunction – Claim Sustainable Independent of Declaration of Title

Area of law
TORT LAW
Court
Supreme Court

Trespass protects possession, not title. A plaintiff may succeed in trespass even without proving title. The principle applies to all trespass actions. The plaintiff must prove prior possession. The defendant cannot justify trespass by challenging title unless he is the true owner. The rule promotes…

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