Principle

TORT LAW — Trespass to Land — Plaintiff Must Show Better Title Where Defendant Claims Ownership

Area of law
TORT LAW
Court
Supreme Court

When the defendant asserts ownership, title becomes a live issue requiring comparison. The plaintiff must prove superior title to succeed. The principle applies to tort law and land law. The rule shifts from possession-based trespass to title-based determination. The plaintiff cannot rely solely on possession…

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