182 Civil remedies182.1 Trespass to an individual’s own landA landlord who has given exclusive possession of his land to a tenant does not have a right of action in trespass1. Trespass is actionable per se as a matter of policy, because interference with another’s possession of land may lead to breaches of the peace. It is not necessary for a trespasser to have caused damage. The usual remedy for trespass is an order for damages against the trespasser. Where the trespasser has not caused any substantial damage to property, the damages awarded will be nominal. A landowner has the
A landlord who has given exclusive possession of his land to a tenant does not have a right of action in trespass1. Trespass is actionable per se as a matter of policy, because interference with another’s possession of land may lead to breaches of the peace. It is not necessary for a trespasser to have caused damage. The usual remedy for trespass is an order for damages against the trespasser. Where the trespasser has not caused any substantial damage to property, the damages awarded will be nominal. A landowner has the
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