In an action for ongoing trespass, does a landowner need to be in possession of subject property at the time of the original trespass?

Graham v. Deutsche Bank Nat’l Trust Co.  Plaintiff Graham and Deutsche Bank owned adjoining lots, and discovered by survey that portions of Deutsche Bank’s lot’s house and sewage system partially encroached on Graham’s lot. Graham took possession of her lot after the subject house and septic system were partially constructed on her lot. Graham filed […]

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