A tenant has lawful exclusive possession of a house. A stranger enters the house without permission or…
Trespass protects possession. A tenant in lawful exclusive possession can sue a stranger for unauthorised entry. A separate action to recover possession after dispossession…
Choose your answer
A tenant has lawful exclusive possession of a house. A stranger enters the house without permission or legal authority. May the tenant sue for trespass to the house?
Answer and explanation
Correct answer A
Trespass protects possession. A tenant in lawful exclusive possession can sue a stranger for unauthorised entry. A separate action to recover possession after dispossession concerns a different remedy.
Option feedback
Option A
The tenant’s possessory interest gives standing to sue for the interference.
Option B
The tenant can rely on lawful possession without acquiring ownership.
Option C
Expiry of the lease is irrelevant to the tenant’s standing while lawfully in possession.
Option D
An unauthorised entry can interfere with possession even when the tenant remains in possession.
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