Principle

TORT LAW — Trespass to Land — Claim in Trespass Requires Proof of Exclusive Possession

Area of law
TORT LAW
Court
Supreme Court

Trespass is actionable based on exclusive possession, not necessarily title. A plaintiff without title but with exclusive possession can succeed. The principle applies to tort law. The rule protects possessory rights independently of ownership. The possessor's right to exclude others is enforceable against all except…

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