PrincipleTORT LAW – Trespass – Exclusive Possession as Basis of Action Against a Disturber
- Area of law
- TORT LAW
- Court
- Supreme Court
Possession is the foundation of trespass. The plaintiff must prove clear and exclusive possession. The principle applies to all trespass actions. The plaintiff need not prove title if possession is established. The defendant may defeat the claim by showing better title. The rule protects possessory…
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