TPA - Trespasser's Rights over Abandoned Property

property bar_exam beginner poll_style

I've been stuck on this question for days, guys. It's from our Property Law notes, but it seems like a tricky one for the TPA section of the Bar Exam/ AIBE. The question is:

Option 1: A person trespasses on a property, and the owner abandons it. The trespasser can continue to occupy the property without the owner's consent because the owner has lost ownership.

Option 2: Even if the owner abandons the property, the trespasser still needs the owner's consent to continue occupying it because the trespasser is a trespasser, full stop.

Which option is correct, and why?

0 comments

0 Comments

Sign in to join the discussion.