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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…

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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?

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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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