Principle

TORT LAW — Trespass to Land — Claim for Trespass Not Dependent on Declaration of Title

Area of law
TORT LAW
Court
Supreme Court

Trespass protects possession, not title. The principle applies to land disputes. The plaintiff may succeed in trespass even if title fails. The rule encourages proof of possession. The court will consider possession separately. The principle is well-established.

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.